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ATS Prods. Inc. v. Ghiorso

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 15, 2011
No. C10-4880 BZ (N.D. Cal. Nov. 15, 2011)

Opinion

No. C10-4880 BZ

11-15-2011

ATS PRODUCTS INC., Plaintiff(s), v. FRANK GHIORSO, THERMALGUARD TECHNOLOGY LLC, THERMALGUARD LLC, Defendant(s). FRANK GHIORSO, Counter-Claimant, v. ATS PRODUCTS, INC.; LAWRENCE E. SHEA, individually and in his capacity as Trustee of the 1992 SHEA FAMILY TRUST; SHEA TECHNOLOGY, LLC, and HELEN SHEA.


FINAL PRETRIAL ORDER

The final pretrial conference in this case was held on November 15, 2011. Plaintiff was represented at the conference by Marc L. Shea, Esq., John McIntyre, Esq. and Kevin Elliot, Esq. Defendants were represented by Bruce D.M. Prescott, Esq. and Daphne C. Lin, Esq.

This Order and the First Pretrial Order shall control the subsequent conduct of the case and be modified only to prevent manifest injustice. See Fed. R. Civ. P. 16(e).

1. LENGTH AND TIME OF TRIAL

Trial shall begin on Monday, November 28, 2011 at 8:15 a.m. in Courtroom D, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102. The regular trial schedule is as follows: 8:30 a.m. - 1:30 p.m.

Plaintiff shall be prepared to call witnesses Monday, November 28, 2011. Each side shall schedule witnesses to avoid any interruption in the presentation of testimony. Plaintiff shall have 17 hours to present evidence. Defendant shall have 13 hours.

2. VOIR DIRE

Any objections to the voir dire questions distributed at the conference, or requests for additional questions, shall be filed by November 22, 2011.

3. EXHIBITS AND EVIDENCE

Witnesses shall be sequestered. Exhibits shall not be a part of the record or go to the jury unless sponsored by a witness or otherwise brought to the jury's attention. The parties must lodge the original and one copy of the entire transcript of all depositions they anticipate using at trial by the start of trial. The parties must meet and confer in an attempt to reduce the number of proposed exhibits and to resolve their respective objections consistent with the guidance provided at the pretrial conference. If the parties are unable to resolve their objections, they shall notify the court by no later than 12:00 p.m. on Friday, November 18, 2011 if they require another conference, which will then be held on Monday, November 21, 2011 at 1:30 p.m., as necessary. The parties shall also consider whether any testimony relates solely to equitable issues and should be heard outside the presence of the jury.

4. JURY INSTRUCTIONS

Rulings on the instructions were made on the record at the pretrial conference. The court will distribute a proposed set of jury instructions. Final instructions will be driven by the evidence and will be settled shortly before the jury is to be instructed.

Defendants shall submit to the court no later than November 22, 2011 any authority they have regarding whether the jury may consider equitable defenses to non-equitable claims for relief.

6. MISCELLANEOUS

The parties shall meet and confer on the unsealing of all documents needed for trial and shall inform the court of how they propose to resolve sealing issues by November 22, 2011. The parties must also notify one another by no later than November 22, 2011 of which witnesses they intend to call by video. Any party who desires a transcript of the trial must make arrangements with the Court Services Coordinator, Debra Campbell. Any party who needs an interpreter or audio or visual equipment shall make its own arrangements for same and clear all such equipment with court security personnel. For any equipment the parties seek to bring into Court, they shall file a proposed order seeking permission to do so. The parties shall notify the Court immediately if this action should settle before the commencement of trial.

IT IS SO ORDERED.

Bernard Zimmerman

United Stated Magistrate Judge
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Summaries of

ATS Prods. Inc. v. Ghiorso

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 15, 2011
No. C10-4880 BZ (N.D. Cal. Nov. 15, 2011)
Case details for

ATS Prods. Inc. v. Ghiorso

Case Details

Full title:ATS PRODUCTS INC., Plaintiff(s), v. FRANK GHIORSO, THERMALGUARD TECHNOLOGY…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 15, 2011

Citations

No. C10-4880 BZ (N.D. Cal. Nov. 15, 2011)