Judge Michael W. Fitzgerald

Unmarked proposed findings must be submitted to the Chambers email address in Word or WordPerfect format at the time of filing.

At the time of filing, each party also must submit its own unmarked proposed findings of fact and conclusions of law to the Chambers e-mail box in Word or WordPerfect format.

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Page 8 | C. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

Joint Rule 26(f) Report must be e-filed.

The parties are reminded of their obligations under Rule 26(a)(1) to disclose information (without awaiting a discovery request), and under Rule 26(f) to confer on a discovery plan not later than 21 days before the scheduling conference and to e-file a 'Joint Rule 26(f) Report' with the Court not later than 14 days before the conference.

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Page 2 | introductory paragraph

Counsel must file a joint notice of the then current trial estimate, including hours of testimony, no later than seven weeks before the Final Pretrial Conference, and failure to timely file may result in continuance of the trial if jury prescreening is required for a trial of ten or more court days.

No later than seven weeks prior to the Final Pretrial Conference, counsel must file joint notice of the then current estimate for trial, including the number of hours for testimony (see also ¶ II(A)(4), below). Failure to timely file the notice may result in continuance of the trial if the Court determines that a jury panel must be prescreened as required for a trial of ten (10) Court days or more.

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Page 2 | I. ORDER RE DEADLINES

All motions to add parties or amend the pleadings must be noticed for hearing on or before the Court's cut-off date.

The Court has established a cut-off date for adding parties or amending pleadings. All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date.

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Page 3 | I. ORDER RE DEADLINES

All discovery, including expert discovery and hearings on related motions, must be completed by the discovery cut-off date.

Discovery Cut-off: The Court has established a cut-off date for discovery, including expert discovery, if applicable. This is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, is to be completed.

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Page 3 | B. DISCOVERY AND DISCOVERY CUT-OFF

Motions challenging the adequacy of discovery responses must be filed, served, and calendared early enough that responses can be obtained before the discovery cut-off if granted.

Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.

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Page 3 | B. DISCOVERY AND DISCOVERY CUT-OFF

All motions must be noticed for hearing on or before the motion cut-off date.

The Court has established a cut-off date for the hearing of motions. All motions must be noticed so that the hearing takes place on or before the motion cut-off date.

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Page 4 | C. LAW AND MOTION

Motions in limine must be filed at least three weeks (21 days) before the final pretrial conference.

All motions in limine must be filed at least three weeks before the final pretrial conference

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Page 6 | II.B MOTIONS IN LIMINE

Proposed final pretrial conference order, proposed jury instructions, proposed verdict forms, statement of the case, proposed additional voir dire questions (if desired), and oppositions to motions in limine must be filed at least 14 days before the final pretrial conference.

At least 14 days before final pretrial conference: • Proposed final pretrial conference order • Proposed jury instructions • Proposed verdict forms • Statement of the case • Proposed additional voir dire questions, if desired • Oppositions to motions in limine

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Page 6 | II.A PRETRIAL DOCUMENTS

Oppositions to motions in limine must be filed at least two weeks (14 days) before the final pretrial conference, and reply briefs will not be accepted.

oppositions must be filed at least two weeks before the final pretrial conference; reply briefs will not be accepted.

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Page 6 | II.B MOTIONS IN LIMINE

Memoranda of contentions of fact and law, witness lists, joint exhibit lists, and motions in limine must be filed at least 21 days before the final pretrial conference.

At least 21 days before final pretrial conference: • Memorandum of contentions of fact and law • Witness lists • Joint exhibit list • Motions in limine

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Page 6 | II.A PRETRIAL DOCUMENTS

The joint exhibit list must also be sent in Word or WordPerfect format to the Chambers email box no later than noon on the Monday before trial.

Three copies of the joint exhibit list in the form specified in Local Rule 16-5 (Civil), which shall also be sent in Word or WordPerfect format to the Chambers email box no later than noon on the Monday before trial.

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Page 10 | D. TRIAL EXHIBITS

All counsel must meet no later than ten days before trial to stipulate, where possible, to foundation, best evidence rule waivers, and exhibits to be received at the start of trial.

All counsel are to meet not later than ten days before trial and to stipulate, so far as is possible, to foundation, to waiver of the best evidence rule, and to those exhibits that may be received into evidence at the start of the trial.

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Page 11 | II. ORDER RE TRIAL PREPARATION - EXHIBITS

Depositions to be used at trial, whether as evidence or for impeachment, must be lodged with the CRD by the first day of trial or earlier if the Court so orders, and counsel should verify the CRD's possession.

All depositions to be used at trial, either as evidence or for impeachment, must be lodged with the CRD on the first day of trial or such earlier date as the Court may order. Counsel should verify with the CRD that the relevant deposition is in the CRD's possession.

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Page 15 | F. DEPOSITIONS

Hearing dates may close once fully booked, so counsel should file motions well in advance of the hearing cut-off date to secure an available hearing date.

Counsel are advised that the Court may close a hearing date once the number of motions filed exceeds the maximum number of motions that reasonably can be heard on that date. Counsel should anticipate that a preferred hearing date may not be available. Therefore, to avoid being unable to file a motion to be heard by the cut-off date, counsel should file motions sufficiently in advance of the hearing cut-off date to ensure that a hearing date is available.

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Page 4 | C. LAW AND MOTION

Trial briefs, if desired, must be filed at least 7 days before trial.

At least 7 days before trial: • Trial briefs, if desired

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Page 6 | II.A PRETRIAL DOCUMENTS

Parties requesting special court reporter services (e.g., real-time transmission or daily transcripts) must notify the reporter at least two weeks before the hearing date.

Any party requesting special court reporter services for any hearing (i.e., real time transmission, daily transcripts) shall notify the reporter at least two weeks before the hearing date.

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Page 11 | II. ORDER RE TRIAL PREPARATION - E. COURT REPORTER

Summaries of Direct Testimony must be filed 21 calendar days before trial.

• File Summaries of Direct Testimony

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Page 2 | DEADLINES

Oppositions to Proposed Findings of Fact and Conclusions of Law must be filed 7 calendar days before trial.

• File Oppositions to Proposed Findings of Fact and Conclusions of Law

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Page 2 | DEADLINES

Motions in Limine must be filed 21 calendar days before the Final Pretrial Conference (FPTC).

• File Motions In Limine

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Page 2 | DEADLINES

Pretrial Conference Order must be lodged 14 calendar days before the Final Pretrial Conference (FPTC).

• Lodge Pretrial Conference Order FPTC -14

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Page 2 | DEADLINES

Memoranda of Contentions of Fact and Law must be filed 21 calendar days before the Final Pretrial Conference (FPTC).

• File Memoranda of Contentions of Fact and Law

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Page 2 | DEADLINES

Witness and Joint Exhibit Lists must be filed 21 calendar days before the Final Pretrial Conference (FPTC).

• File Witness and Joint Exhibit Lists

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Page 2 | DEADLINES

Findings of Fact and Conclusions of Law must be lodged 21 calendar days before trial.

• Lodge Findings of Fact and Conclusions of Law

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Page 2 | DEADLINES

Status Report Regarding Settlement must be filed 21 calendar days before the Final Pretrial Conference (FPTC).

• File Status Report Regarding Settlement FPTC -21

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Page 2 | DEADLINES

Motions to add parties or amend pleadings must be heard by the established cut-off date; unserved parties are dismissed at pretrial conference per Local Rule 16-8.1.

The Court has established a cut-off date for adding parties or amending pleadings. All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date. All unserved parties will be dismissed at the time of the pretrial conference pursuant to Local Rule 16-8.1.

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Page 3 | I. ORDER RE DEADLINES

Depositions must start early enough to complete and allow filing of related discovery motions before the discovery cut-off date.

All depositions shall commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motions concerning the deposition before the cut-off date.

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Page 3 | B. DISCOVERY AND DISCOVERY CUT-OFF

All discovery (including expert discovery) and related motion hearings must be completed by the established cut-off date, which is not the discovery request service date.

The Court has established a cut-off date for discovery, including expert discovery, if applicable. This is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, is to be completed.

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Page 3 | B. DISCOVERY AND DISCOVERY CUT-OFF

Motions challenging discovery response adequacy must be filed, served, and calendared early enough to obtain responses before discovery cut-off if granted.

Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.

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Page 3 | B. DISCOVERY AND DISCOVERY CUT-OFF

All motions must be noticed for hearing on or before the motion cut-off date; counsel should file early to secure a hearing date.

The Court has established a cut-off date for the hearing of motions. All motions must be noticed so that the hearing takes place on or before the motion cut-off date. Counsel are advised that the Court may close a hearing date once the number of motions filed exceeds the maximum number of motions that reasonably can be heard on that date. Counsel should anticipate that a preferred hearing date may be unavailable. Therefore, to avoid being unable to file a motion to be heard by the cut-off date, counsel should file motions sufficiently in advance of the hearing cut-off date to ensure that a hearing date is available.

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Page 4 | C. LAW AND MOTION

Memoranda of contentions of fact and law, witness lists, joint exhibit list, and motions in limine must be filed at least 21 days before the final pretrial conference.

At least 21 days before final pretrial conference: • Memoranda of contentions of fact and law • Witness lists • Joint exhibit list • Motions in limine

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Page 6 | II. TRIAL PREPARATION A. PRETRIAL DOCUMENTS 3 a

Proposed findings of fact and contentions of law (if required) and direct testimony summaries must be filed at least 21 days before trial.

At least 21 days before trial: • Proposed findings of fact and contentions of law, if the matter requires them • File summaries of direct testimony

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Page 6 | II. TRIAL PREPARATION A. PRETRIAL DOCUMENTS 3 c

Proposed final pretrial conference order, statement of the case, and oppositions to motions in limine must be filed at least 14 days before the final pretrial conference.

At least 14 days before final pretrial conference: • Proposed final pretrial conference order • Statement of the case • Oppositions to motions in limine

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Page 6 | II. TRIAL PREPARATION A. PRETRIAL DOCUMENTS 3 b

Trial briefs (if desired) and opposing parties’ proposed findings of fact and conclusions of law must be filed at least 7 days before trial.

At least 7 days before trial: • Trial briefs, if desired • Opposing parties’ proposed findings of fact and conclusions of law, marked as described in this Order.

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Page 6 | II. TRIAL PREPARATION A. PRETRIAL DOCUMENTS 3 d

Oppositions to motions in limine must be filed at least 2 weeks prior to the final pretrial conference.

oppositions must be filed at least two weeks before the final pretrial conference

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Page 7 | C. LAW AND MOTION

Proposed findings of fact and conclusions of law must be filed 21 days before trial.

counsel for each party shall, no later than 21 days before trial, file with the Court and serve on opposing counsel that party’s proposed findings of fact and conclusions of law in the format specified in Local Rule 52-3.

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Page 7 | C. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

Motions in limine must be filed at least 3 weeks prior to the final pretrial conference.

All motions in limine must be filed at least three weeks before the final pretrial conference

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Page 7 | C. LAW AND MOTION

Counsel must file and serve a marked copy of the opposing party's proposed findings 7 days before trial.

Seven days before the trial date, each counsel shall file with the Court and serve on opposing counsel a copy of the opposing party’s proposed findings of fact and conclusions of law, marked as follows: a. Strike through those portions the party disputes; b. Bold those portions the party admits; c. Underline those portions the party admits but considers irrelevant.

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Page 7 | C. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

Original and copy exhibit binders, exhibit lists, and witness lists must be submitted to the CRD on the first day of trial.

The Court requires that the following be submitted to the Courtroom Deputy Clerk (“CRD”) on the first day of trial: a. The binder of original exhibits with the Court’s exhibit tags, yellow tags for plaintiff and blue tags for defendant, stapled to the front of the exhibit on the upper right-hand corner with the case number, case name, and exhibit number placed on each tag. b. Two binders with a copy of each exhibit tabbed with numbers as described above for use by the Court. (Exhibit tags are not necessary on these copies.) c. Three copies of exhibit lists. d. Three copies of witness lists in the order in which the witnesses may be called to testify.

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Page 8 | D. TRIAL EXHIBITS

Depositions used at trial must be lodged with the CRD by the first day of trial or earlier if the Court orders.

All depositions to be used at trial, either as evidence or for impeachment, must be lodged with the CRD on the first day of trial or such earlier date as the Court may order.

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Page 12 | F. DEPOSITIONS

Counsel must file a joint notice of trial estimate at least seven weeks before the Final Pretrial Conference.

No later than seven weeks prior to the Final Pretrial Conference, counsel must file joint notice of the then current estimate for trial, including the number of hours for testimony (see also ¶ II(A)(4), below).

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Page 2 | I. DEADLINES

Motions to add parties or amend pleadings must be noticed for hearing on or before the cut-off date.

All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date.

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Page 3 | PARTIES/PLEADINGS

All motions must be noticed for hearing to occur on or before the motion cut-off date.

All motions must be noticed so that the hearing takes place on or before the motion cut-off date.

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Page 4 | C. LAW AND MOTION

Motions in limine must be filed at least 21 days before final pretrial conference; oppositions at least 14 days before; reply briefs not accepted.

All motions in limine must be filed at least three weeks before the final pretrial conference; oppositions must be filed at least two weeks before the final pretrial conference; reply briefs will not be accepted.

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Page 6 | II. TRIAL PREPARATION - B. MOTIONS IN LIMINE

Proposed final pretrial conference order, jury instructions, verdict forms, statement of the case, voir dire questions, and oppositions to motions in limine must be filed at least 14 days before final pretrial conference.

At least 14 days before final pretrial conference: • Proposed final pretrial conference order • Proposed jury instructions • Proposed verdict forms • Statement of the case • Proposed additional voir dire questions, if desired • Oppositions to motions in limine

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Page 6 | II. TRIAL PREPARATION - A. PRETRIAL DOCUMENTS

Memorandum of contentions, witness lists, joint exhibit list, and motions in limine must be filed at least 21 days before final pretrial conference.

At least 21 days before final pretrial conference: • Memorandum of contentions of fact and law • Witness lists • Joint exhibit list • Motions in limine

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Page 6 | II. TRIAL PREPARATION - A. PRETRIAL DOCUMENTS

Joint exhibit list must be emailed to Chambers in Word/WordPerfect format by noon on Monday before trial.

which shall also be sent in Word or WordPerfect format to the Chambers email box no later than noon on the Monday before trial.

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Page 10 | D.2.d

Joint Rule 26(f) Report must be e-filed not later than 14 days before the scheduling conference.

The parties are reminded of their obligations under Rule 26(a)(1) to disclose information (without awaiting a discovery request), and under Rule 26(f) to confer on a discovery plan not later than 21 days before the scheduling conference and to e-file a 'Joint Rule 26(f) Report' with the Court not later than 14 days before the conference.

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Page 2 | introductory paragraph

No reply briefs are permitted for motions in limine.

no reply briefs

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Page 7 | SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET

Oppositions to motions in limine are due 2 weeks before the final pretrial conference.

oppositions are due two (2) weeks before this date

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Page 7 | SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET

Motions in limine must be filed 3 weeks before the final pretrial conference.

Motions In Limine must be filed three (3) weeks before this date

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Page 7 | SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET

Counsel must complete a Court-Directed ADR settlement conference by the court-set deadline.

Counsel must complete a settlement conference under the Court-Directed ADR Program no later than the date set by the Court.

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Page 4 | D. SETTLEMENT PROCEDURES

Trial briefs are optional and must be filed 7 calendar days before trial if submitted.

• File Trial Briefs, if desired Trial -7

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Page 2 | DEADLINES

Trial briefs, if desired, must be filed at least 7 days before trial.

At least 7 days before trial: • Trial briefs, if desired

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Page 6 | II. TRIAL PREPARATION - A. PRETRIAL DOCUMENTS

Parties may opt to cut off expert discovery before summary judgment briefing.

The parties may choose to cut off expert discovery prior to MSJ briefing.

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Page 8 | SCHEDULE OF PRETRIAL AND TRIAL DATES WORKSHEET

Discovery documents and requests for admissions must be served sufficiently in advance of the discovery cut-off to allow time to challenge deficient responses by motion.

documents and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient.

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Page 4 | B. DISCOVERY AND DISCOVERY CUT-OFF

Each party must serve objections to the other party's proposed jury instructions and verdict forms ten days before the Local Rule 16-2 meeting.

Ten days prior to the Local Rule 16-2 meeting, each party shall serve objections to the other's instructions and verdict forms.

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Page 7 | C. JURY INSTRUCTIONS, STATEMENT OF THE CASE, AND VOIR DIRE

Parties must exchange their proposed jury instructions and special verdict forms fourteen days before the Local Rule 16-2 meeting.

Fourteen days before the Local Rule 16-2 meeting, the parties shall exchange their respective proposed jury instructions and special verdict forms.

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Page 7 | C. JURY INSTRUCTIONS, STATEMENT OF THE CASE, AND VOIR DIRE

Requests for admissions and related documents must be served early enough to allow motion practice on deficient responses before discovery cut-off.

documents and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient.

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Page 4 | B. DISCOVERY AND DISCOVERY CUT-OFF

Proposed findings of fact and conclusions of law must be served on opposing counsel at the time of filing.

counsel for each party shall, no later than 21 days before trial, file with the Court and serve on opposing counsel that party’s proposed findings of fact and conclusions of law in the format specified in Local Rule 52-3.

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Page 7 | C. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

Counsel must show new exhibits to opposing counsel before the court session where the exhibit is mentioned.

Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned.

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Page 11 | E. EXHIBITS

Provide copies of the extracted interrogatory/admission document to the Court and opposing counsel.

Copies of this new document should be given to the Court and opposing counsel.

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Page 13 | G. USING NUMEROUS ANSWERS TO INTERROGATORIES AND REQUESTS FOR ADMISSIONS

Defendants must file proof of service within 3 days of serving responsive pleadings.

Defendants also shall timely serve and file their responsive pleadings and file proofs of service within three days thereafter.

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Page 1 | introductory paragraph

Plaintiff must file proof of service within 3 days of serving the complaint.

If plaintiff has not already served the operative complaint on all defendants, plaintiff shall promptly do so and shall file proofs of service within three days thereafter.

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Page 1 | introductory paragraph

Counsel must provide this Order to newly appearing parties and known parties not yet appeared.

Plaintiff’s counsel or, if plaintiff is appearing pro se, defendant’s counsel, shall provide this Order to any parties who first appear after the date of this Order and to parties who are known to exist but have not yet entered appearances.

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Page 6 | 3. Notice to be Provided by Counsel

Counsel must deliver copies of this Order and trial order to clients.

Counsel are ordered to deliver to their respective clients a copy of this Order and of the Court’s trial order, which will contain the schedule that the Court sets at the scheduling conference.

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Page 6 | 4. Disclosures to Clients

Counsel must provide Chambers with conformed Chambers copies of all documents; further details are on the judge's website.

Counsel must provide Chambers with conformed Chambers copies of all documents. Counsel should consult the Court’s website at www.cacd.uscourts.gov, Judges’ Procedures and Schedules, Hon. Michael W. Fitzgerald, for further information regarding Chambers copies and motion procedures.

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Page 4 | C. LAW AND MOTION

Counsel must submit an original and a copy of the exhibit binders to the Court.

Counsel shall submit to the Court an original and copy of the binders.

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Page 9 | D. TRIAL EXHIBITS

Three copies of the joint exhibit list in the form specified in Local Rule 16-5 (Civil) must be submitted on the first day of trial.

Three copies of the joint exhibit list in the form specified in Local Rule 16-5 (Civil), which shall also be sent in Word or WordPerfect format to the Chambers email box no later than noon on the Monday before trial.

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Page 10 | D. TRIAL EXHIBITS

On the first day of trial, one set of binders of original exhibits must be submitted with the Court's exhibit tags (yellow for plaintiff, blue for defendant) stapled to the front upper right corner showing case number, case name, and exhibit number.

The binder of original exhibits with the Court's exhibit tags, yellow tags for plaintiff and blue tags for defendant, stapled to the front of the exhibit at the upper right-hand corner with the case number, case name, and exhibit number placed on each tag.

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Page 10 | D. TRIAL EXHIBITS

Two sets of binders containing a copy of each exhibit, tabbed with numbers, must be submitted for the Court's use; exhibit tags are not necessary on these copies.

Two (sets of) binders with a copy of each exhibit tabbed with numbers as described above for use by the Court. (Exhibit tags are not necessary on these copies.)

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Page 10 | D. TRIAL EXHIBITS

Three copies of the party's (or joint) witness list, in the order the witnesses may be called, must be submitted to the Courtroom Deputy Clerk on the first day of trial.

Three copies of the party's (or joint) witness list in the order in which the witnesses may be called to testify.

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Page 10 | D. TRIAL EXHIBITS

Counsel must provide Chambers with conformed copies of all filed documents.

Counsel must provide Chambers with conformed Chambers copies of all documents.

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Page 4 | C. LAW AND MOTION

Mandatory chambers copies must be delivered to Judge Fitzgerald's mailbox by 5:00 p.m. on first court day after filing.

Mandatory paper Chambers copies of all e-filed documents must be delivered to Judge Fitzgerald’s mailbox outside the Clerk's Office on the Fourth Floor of the First Street Courthouse, no later than 5:00 p.m. on the first court day after the filing date, or on the same day if priority processing is requested.

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Mandatory Chambers copies required for all documents; no envelopes.

Counsel must provide Chambers with mandatory Chambers copies of all documents. Chambers copies should not be put in envelopes.

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Mandatory paper chambers copies of Joint Rule 26(f) Report must be delivered to Judge Fitzgerald's drop box by 12:00 p.m. on the first court day after e-filing.

Mandatory paper chambers copies of the Joint Rule 26(f) Report must be delivered to Judge Fitzgerald’s drop box located outside of the Clerk's office on the fourth floor of the courthouse, 350 West First Street, by 12:00 p.m. on the first court day after the e-filing.

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Page 2 | introductory paragraph

Exhibits must be placed in three-ring binders.

Exhibits must be placed in three-ring binders indexed by exhibit number with tabs or dividers on the right side. Counsel shall submit to the Court an original and copy of the binders. The spine portion of the binder shall indicate the volume number and contain an index of each exhibit included in the volume.

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Page 9 | D. TRIAL EXHIBITS

No case may proceed to trial unless all parties, including the principals of all corporate parties, have personally appeared at a settlement conference.

No case will proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference.

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Page 5 | I. ORDER RE DEADLINES

Before filing motions in limine, counsel must meet and confer to determine whether the disputed evidence will actually be introduced and to attempt to resolve the issue without a motion.

Counsel are to meet and confer with opposing counsel to determine whether opposing counsel intend to introduce the disputed evidence and to attempt to reach an agreement that would obviate the motion.

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Page 6 | II.B MOTIONS IN LIMINE

Lead trial counsel for each party must meet and confer in person under Local Rule 16-2, with strict compliance expected, before or at the Rule 16-2 meeting regarding proposed jury instructions and verdict forms.

Pursuant to Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person. The Court expects strict compliance with Local Rule 16-2. Fourteen days before the Local Rule 16-2 meeting, the parties shall exchange their respective proposed jury instructions and special verdict forms. Ten days prior to the Local Rule 16-2 meeting, each party shall serve objections to the other's instructions and verdict forms. Before or at the Rule 16-2 meeting, counsel are ordered to meet and confer and attempt to come to agreement on the proposed jury instructions and verdict forms.

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Page 7 | C. JURY INSTRUCTIONS, STATEMENT OF THE CASE, AND VOIR DIRE

A planned motion to compel must generally be discussed with opposing counsel (meet and confer) at least six weeks before the discovery cut-off.

Given the requirements to “meet and confer” and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off.

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Page 3 | B. DISCOVERY AND DISCOVERY CUT-OFF

The Court will rule on motions in limine at the final pretrial conference.

The Court will rule on motions in limine at the final pretrial conference.

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Page 6 | II.B MOTIONS IN LIMINE

Planned motions to compel discovery must be discussed with opposing counsel at least six weeks before the discovery cut-off date.

Given the requirements to “meet and confer” and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off.

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Page 3 | B. DISCOVERY AND DISCOVERY CUT-OFF

Reply briefs to motions in limine are prohibited.

reply briefs will not be accepted

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Page 7 | C. LAW AND MOTION

Opposition to motion must be filed 21 days before hearing date.

To oppose a motion, you must present the Court with a statement explaining the basis of your opposition and he legal authority supporting your contentions. You must also file any evidence upon which you intend to base your opposition to a motion for summary judgment. Pursuant to Local Rule 7-9, your opposition is due not later than twenty-one (21) days before the date designated for hearing of the

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Page 6 | Motions

Lead trial counsel must meet and confer in person per Local Rule 16-2, exchange proposed jury instructions 14 days before, serve objections 10 days before, and attempt to agree at the meeting.

Pursuant to Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person. The Court expects strict compliance with Local Rule 16-2. Fourteen days before the Local Rule 16-2 meeting, the parties shall exchange their respective proposed jury instructions and special verdict forms. Ten days prior to the Local Rule 16-2 meeting, each party shall serve objections to the other's instructions and verdict forms. Before or at the Rule 16-2 meeting, counsel are ordered to meet and confer and attempt to come to agreement on the proposed jury instructions and verdict forms.

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Pretrial motions must be noticed for mutually agreed Monday; briefing schedule: motions (3 weeks), oppositions (2 weeks), replies (1 week).

Pretrial motions shall be noticed for a Monday that is mutually agreed to by counsel. The briefing schedule is as follows: Motions shall be filed three weeks prior to the hearing; oppositions, or notice of non-opposition, shall be filed two weeks prior to the hearing; and replies, if any, shall be filed one week prior to the hearing.

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Page 3 | A. GENERAL REQUIREMENTS

Suppression motions must be noticed for mutually agreed Monday; briefing schedule: motions (4 weeks), oppositions (2 weeks), replies (1 week).

Suppression motions shall also be noticed for a Monday that is mutually agreed to by counsel. The briefing schedule for suppression motions is as follows: Motions shall be filed four weeks prior to the hearing; oppositions shall be filed two weeks prior to the hearing; and replies, if any, shall be filed one week prior to the hearing.

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Page 3 | A. GENERAL REQUIREMENTS

Discovery motions require meet-and-confer; must detail request, basis, prior requests, and opposition response; no prior consultation = motion not heard.

Counsel shall meet and confer with opposing counsel to resolve informal discovery disputes prior to filing a motion for discovery. All discovery motions shall state with particularity what is requested, the basis for the request, whether discovery has been requested and opposing counsel’s response to such request. Motions made without prior consultation with opposing counsel may not be heard.

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Page 3 | C. DISCOVERY AND NOTICE

Meet and confer with opposing counsel required before filing any motion.

Counsel must meet and confer with opposing counsel and attempt to resolve the issue before filing a motion.

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Ex parte travel applications must be made well in advance and indicate Pretrial Services approval.

Ex parte applications to allow defendant to travel should be made well in advance of the date of travel. Counsel should indicate whether the Pretrial Services officer has approved the travel.

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Meet and confer required before filing motions in limine.

Counsel are to meet and confer with opposing counsel to determine whether opposing counsel intend to introduce the disputed evidence and to attempt to reach an agreement that would obviate the motion.

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Page 7 | MOTIONS IN LIMINE

Motions in limine must be filed 3 weeks before final pretrial conference; oppositions 2 weeks before.

All motions in limine must be filed at least three weeks before the final pretrial conference; oppositions must be filed at least two weeks before the final pretrial conference; reply briefs will not be accepted.

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Page 7 | MOTIONS IN LIMINE

Counsel must meet and confer before filing motions in limine to attempt to resolve disputes.

Counsel are to meet and confer with opposing counsel to determine whether opposing counsel intend to introduce the disputed evidence and to attempt to reach an agreement that would obviate the motion.

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Page 6 | II. TRIAL PREPARATION - B. MOTIONS IN LIMINE

Ex parte applications disfavored; counsel must attempt to obtain opposing counsel's position before filing.

Ex parte applications are disfavored. The Court is unlikely to grant an ex parte application reciting that the moving party has been unable to obtain the position of the opposing party. Counsel should make serious efforts to obtain the agreement (or at least the position) of opposing counsel before filing an application.

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Motions in limine will be ruled on at final pretrial conference.

The Court will rule on motions in limine at the final pretrial conference.

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Page 7 | MOTIONS IN LIMINE

Final pretrial conference and trial dates will not be continued merely because expert discovery is not completed.

The final pretrial conference and trial dates will not be continued merely because expert discovery is not completed.

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Page 4 | B. DISCOVERY AND DISCOVERY CUT-OFF

Motion cut-off date established; all motions must be noticed by this date.

The Court has established a cut-off date for the hearing of motions. All motions must be noticed so that the hearing takes place on or before the motion cut-off date.

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Settlement conference under Court-Directed ADR Program must be completed by Court-set date.

Counsel must complete a settlement conference under the Court-Directed ADR Program no later than the date set by the Court.

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Discovery cut-off date is when all discovery must be completed, not when requests are served.

Discovery Cut-off: The Court has established a cut-off date for discovery, including expert discovery, if applicable. This is not the date by which discovery requests must be served; it is the date by which all discovery, including all hearings on any related motions, is to be completed.

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Motions to add parties or amend pleadings must be noticed by the cut-off date.

All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date.

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Documents and requests for admissions must be served early enough to challenge deficient responses before cut-off.

documents and requests for admissions must be served sufficiently in advance of the discovery cut-off date to permit the discovering party enough time to challenge (via motion practice) responses deemed to be deficient.

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Depositions must start early enough to complete before cut-off; motion to compel requires 6-week meet-and-confer.

All depositions shall commence sufficiently in advance of the discovery cut-off date to permit their completion and to permit the deposing party enough time to bring any discovery motions concerning the deposition before the cut-off date. Given the requirements to 'meet and confer' and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off.

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Special court reporter services require 2-week advance notice.

Any party requesting special court reporter services for any hearing (i.e., real time transmission, daily transcripts) shall notify the reporter at least two weeks before the hearing date.

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Court may close hearing dates when motion limit is reached; file motions early to secure hearing date.

Counsel are advised that the Court may close a hearing date once the number of motions filed exceeds the maximum number of motions that reasonably can be heard on that date. Counsel should anticipate that a preferred hearing date may not be available. Therefore, to avoid being unable to file a motion to be heard by the cut-off date, counsel should file motions sufficiently in advance of the hearing cut-off date to ensure that a hearing date is available.

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Discovery motions must be filed early enough to obtain responses before cut-off if granted.

Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.

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Discovery motions must be filed early enough to obtain responses before cut-off.

Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.

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Motions to add parties or amend pleadings must be noticed by cut-off date.

All motions to add parties or to amend the pleadings must be noticed to be heard on or before the cut-off date.

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Motions must be noticed by cut-off date; file early to secure hearing date.

All motions must be noticed so that the hearing takes place on or before the motion cut-off date. Counsel are advised that the Court may close a hearing date once the number of motions filed exceeds the maximum number of motions that reasonably can be heard on that date. Counsel should anticipate that a preferred hearing date may be unavailable. Therefore, to avoid being unable to file a motion to be heard by the cut-off date, counsel should file motions sufficiently in advance of the hearing cut-off date to ensure that a hearing date is available.

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Final pretrial conference and trial dates will not be continued solely due to incomplete expert discovery.

The final pretrial conference and trial dates will not be continued merely because expert discovery is not completed.

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Page 4 | B. DISCOVERY AND DISCOVERY CUT-OFF

The court will not continue trial or pretrial conference dates solely because expert discovery is incomplete.

The final pretrial conference and trial dates will not be continued merely because expert discovery is not completed.

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Page 4 | DISCOVERY AND DISCOVERY CUT-OFF

Continuance of scheduling conference requires good cause.

A continuance of the scheduling conference will be granted only for good cause.

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Page 6 | 2. Scheduling Conference

Counsel must email the joint and disputed jury instruction documents to the Chambers email box at the time they file their proposed jury instructions.

Counsel must provide the documents described in paragraphs 2 and 3 to the Chambers email box in Word or WordPerfect 9 (or above) format at the time they file their proposed jury instructions.

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Page 8 | C. JURY INSTRUCTIONS, STATEMENT OF THE CASE, AND VOIR DIRE

Counsel may optionally submit proposed case-specific voir dire questions electronically to the Chambers email box and in paper form at the time they file the proposed final pretrial conference order.

Counsel may, but are not required to, file and submit (electronically to the Chambers email box and in paper form) a list of proposed case-specific voir dire questions at the time they file the proposed final pretrial conference order.

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Page 9 | II. ORDER RE TRIAL PREPARATION

Reservations for training on the use of courtroom electronic equipment are made by calling 213-894-3061.

To make reservations for training, call 213-894-3061.

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Page 11 | II. ORDER RE TRIAL PREPARATION - EXHIBITS

Parties must not communicate with judge without opposing counsel present.

Communications with Chambers: Pursuant to Local Rule 83-2.11, parties shall refrain from writing letters to the judge, making telephone calls to chambers, or otherwise communicating with the judge unless opposing counsel is present.

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Page 3 | Communications with Chambers

Proposed jury instructions (joint set and disputed instructions) must be emailed to Chambers in Word or WordPerfect format at the time of filing.

Counsel must provide the documents described in paragraphs 2 and 3 to the Chambers email box in Word or WordPerfect 9 (or above) format at the time they file their proposed jury instructions.

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Page 8 | C. JURY INSTRUCTIONS, STATEMENT OF THE CASE, AND VOIR DIRE

Counsel must not talk to jurors or have conversations overheard by jurors.

Counsel should not talk to jurors at all, and should not talk to co-counsel, opposing counsel, witnesses, or clients where the conversation can be overheard by jurors.

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Parties must have witnesses available; court may deem party rested if witnesses unavailable.

No presenting party may be without witnesses. If a party’s remaining witnesses are not immediately available and there is more than a brief delay, the Court may deem that party to have rested.

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Counsel must not leave counsel table during session without advance permission.

While Court is in session, counsel must not leave counsel table to confer with any person in the back of the courtroom unless permission has been granted in advance.

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Counsel must advise CRD of exhibit agreements and exhibits admitted without motion.

Counsel are to advise the CRD of any agreements with respect to the proposed exhibits and as to those exhibits that may be received without further motion to admit.

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Counsel must not make facial expressions or gestures showing agreement/disagreement with witness testimony.

Counsel shall not make facial expressions, nod, or shake their heads, comment, or otherwise exhibit in any way any agreement, disagreement, or other opinion or belief concerning the testimony of a witness.

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Counsel must address all remarks to the Court, not to CRD, court reporter, audience, or opposing counsel.

Counsel should address all remarks to the Court. Counsel are not to address the CRD, the court reporter, persons in the audience, or opposing counsel.

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Counsel must notify CRD in advance about witness accommodations.

Counsel must notify the CRD in advance if any witness should be accommodated based on a disability or for other reasons.

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Counsel must not use first names alone for witnesses/parties, except for witnesses under 14.

Counsel should not address or refer to witnesses or parties by first names alone, with the exception of witnesses under 14 years old.

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Counsel and witnesses must be prompt; trial is counsel's first priority.

Promptness is expected from counsel and witnesses. Once counsel are engaged in trial, this trial is counsel’s first priority.

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Counsel who called witness must ensure witness returns to stand after recess.

If a witness was on the stand at a recess or adjournment, counsel who called the witness shall ensure the witness is back on the stand and ready to proceed when trial resumes.

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New exhibits must be marked and shown to opposing counsel before court session.

An exhibit not previously marked should, at the time of its first mention, be accompanied by a request that it be marked for identification. Counsel must show a new exhibit to opposing counsel before the court session in which it is mentioned.

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Counsel must confer with opposing counsel before offering any stipulation.

Counsel must not offer a stipulation unless counsel have conferred with opposing counsel and have verified that the stipulation will be acceptable.

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Only one lawyer per party may conduct examination or objections for a particular witness.

Where a party has more than one lawyer, only one may conduct the direct or cross-examination of a particular witness, or make objections as to that witness.

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Unmarked proposed findings must be emailed to Chambers in Word or WordPerfect format.

At the time of filing, each party also must submit its own unmarked proposed findings of fact and conclusions of law to the Chambers e-mail box in Word or WordPerfect format.

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Page 8 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW

Professional witnesses may be called out of sequence with advance notice and opposing counsel discussion.

The Court attempts to cooperate with professional witnesses and will, except in extraordinary circumstances, accommodate them by permitting them to be called out of sequence. Counsel must anticipate any such possibility and discuss it with opposing counsel. If there is an objection, counsel must confer with the Court in advance.

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Jury selection: 8:30-9:00 AM for legal matters, then promptly at 9:00 AM; raise jury-outside issues at day's end or during breaks; short briefs welcome for disputed issues.

On the day of jury selection, the Court reserves the time from 8:30 a.m. to 9:00 a.m. to handle legal and administrative matters. Jury selection will commence promptly at 9:00 a.m. or as soon as jurors are available. All counsel must anticipate matters that may need to be addressed outside of the presence of the jury and raise them at the end of the day or during breaks. The Court does not make jurors wait while counsel discuss matters that should have been addressed previously. Short briefs addressing disputed issues are welcome.

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Page 4 | E. TRIAL REQUIREMENTS

Special court reporter services require 2-week advance notice.

Any party requesting special court reporter services for any hearing (i.e., real time transmission, daily transcripts) shall notify the reporter at least 2 weeks before the hearing date.

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Page 9 | COURT REPORTER

Provide advance notice to court for anticipated difficult legal issues requiring research/briefing; notify CRD at adjournment for unexpected issues.

If any counsel have reason to anticipate that a difficult question of law or evidence will necessitate legal argument requiring research or briefing, counsel must give the Court advance notice. Counsel are directed to notify the CRD at the day’s adjournment if an unexpected legal issue arises that could not have been foreseen and addressed by a motion in limine. See Fed. R. Evid. 103.

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Page 13 | H. ADVANCE NOTICE OF UNUSUAL OR DIFFICULT ISSUES

Contact Courtroom Deputy for inquiries; they cannot provide legal advice or waive requirements.

You may contact the Courtroom Deputy, Rita Sanchez, at rita_sanchez@cacd.uscourts.gov or (213) 894-1527, with appropriate inquiries. The Courtroom Deputy is not an attorney and will not provide you with any legal advice. The Courtroom Deputy cannot waive any of the requirements of this, or any other, Order.

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Page 3 | Communications with Chambers

Counsel must refer to exhibits by their exhibit number.

When referring to an exhibit, counsel should refer to its exhibit number.

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Trial schedule: Day 1 (9:00 AM-4:30 PM with 1-hour lunch, counsel at 8:30 AM); Days 2+ (Tue-Fri, 8:30 AM-2:00 PM with two 20-min breaks).

On the first day of trial, court will commence at 9:00 a.m. and conclude at approximately 4:30 p.m. with a one-hour lunch break. On the first day of trial, counsel must appear at 8:30 a.m. to discuss preliminary matters with the Court. After the first day of trial, trial days are Tuesday through Friday from 8:30 a.m. to approximately 2:00 p.m. with two twenty-minute breaks.

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Page 4 | E. TRIAL REQUIREMENTS

Motions and status conferences heard on Mondays at 1:30 p.m.

Hearings on motions and Status Conferences are held on Mondays, at 1:30 p.m.

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