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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

Securities and Exchange Commission

v. Civil Action No. 12-cv-12334-IT

Spencer Pharmaceutical Inc., et al.

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
partys 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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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 exhibits 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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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.

Indira Talwani
United States District J udge

By: /s/Gail A. Marchione
Date: Deputy Clerk

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