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Case 1:12-cv-12334-IT

Document 112

Filed 09/25/14

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

Securities and Exchange Commission

v.

Spencer Pharmaceutical Inc., et al.

Civil Action No. 12-cv-12334-IT

PROCEDURAL ORDER RE: PRETRIAL/TRIAL September 25, 2014

TALWANI, D.J.

The above-captioned action is hereby set for jury trial on November 17, 2014, at 9:00 a.m. in Courtroom 17. The pretrial schedule is as follows:

I. The parties shall submit a joint pretrial memorandum by no later than October 10, 2014, setting forth the following:

A. Disputed factual issues to be resolved at trial and a brief summary of each party’s position on those issues;

B. Disputed legal issues that must be resolved in connection with the trial;

C. Issues of law or fact as to which the parties are in substantial agreement;

D. An informed estimate of the probable length of the trial, based on a trial schedule of 9:00 a.m. to 1:00 p.m.

II. The parties shall make all pretrial disclosures required by Federal Rule of Civil Procedure 26(a)(3)(A) by no later than October 17, 2014.

III. An Initial Pretrial Conference will be held on October 22, 2014 at 2:30 p.m.

IV. The parties shall submit motions in limine or other requests regarding foreseeable evidentiary issues by no later than October 27, 2014.

V. The parties shall submit the following items, as separate documents, by no later than November 3, 2014:

A. Oppositions to motions in limine;

B. Any stipulated or admitted facts in a form suitable for presentation to the court or jury;

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Case 1:12-cv-12334-IT

Document 112

Filed 09/25/14

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C. A list of prospective witnesses, including names, city or town of residence, or business institutional address;

D. An identification by inclusive page and lines of any portions of depositions or interrogatory responses to be offered at trial, and a precise statement of any objections thereto;

E. A joint list of all exhibits to be offered at trial, identified and marked by a single sequence of numbers, regardless of which party is the proponent of an exhibit, and including notation of all exhibits as to which no party objects to the exhibit’s admissibility.

F. A disc containing courtesy copies of all exhibits, numbered according to the single sequence agreed on by the parties;

G. Any proposed questions for voir dire;

H. Proposed jury instructions with citations to authority;

I. Proposed verdict forms;

J. Any proposed special verdict questions;

K. A disc containing modifiable Microsoft Word copies of all proposed questions, jury instructions, and verdict forms;

L. A succinct and neutral statement summarizing the principal claims and defenses of the parties to be read to the venire during empanelment; and

M. An informed estimate of the probable length of the trial, based on a trial schedule of 9:00 a.m. to 1:00 p.m., if estimated length of trial has changed since submission of the pretrial memorandum.

VI. The parties shall submit the following items by no later than November 10, 2014:

A. Any objections to witness lists; and

B. Trial memoranda with citations to authority addressing foreseeable disputes concerning issues of law.

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Case 1:12-cv-12334-IT

Document 112

Filed 09/25/14

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VII. A Final Pretrial Conference will be held on November 12, 2014 at 2:30 p.m.

All trial exhibits must be reclaimed by the end of the first business day following the day of the verdict. This policy is strictly enforced by the court as there is no space at the courthouse to store exhibits after a trial has ended. Exhibits not reclaimed by counsel will be discarded.

IT IS SO ORDERED.

Date:

Indira Talwani United States District Judge

By: /s/Gail A. Marchione

Deputy Clerk

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