Case 3:18-cr-00577-CRB Document 267 Filed 12/06/23 Page 1 of 5
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`USA,
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`Plaintiff,
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`Case No. 3:18-cr-00577-CRB-1, 2
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`ORDER FOR PRETRIAL
`PREPARATION FOR CRIMINAL
`JURY TRIAL
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`v.
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`MICHAEL RICHARD LYNCH,
`STEPHEN KEITH CHAMBERLAIN,
`Defendant.
`The Court provides the following guidance to the parties in anticipation of the upcoming
`trial in this matter.
`TRIAL DATE
`Jury selection set for March 13, 2024 at 9:30 a.m. Jury trial will begin on March 18, 2024
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`at 9:15 a.m., in Courtroom 6, 17th floor, 450 Golden Gate Avenue, San Francisco, California.
`DISCOVERY
`Both sides will comply with their discovery obligations under applicable law.
`PRETRIAL CONFERENCE
`A pre-trial conference will be held on February 21, 2024 at 2:00 p.m., in Courtroom 6. It
`shall be attended by the attorneys who will try the case. Counsel shall comply with Crim. L.R.
`17.1-1(b).
`JURY INSTRUCTIONS
`Jury instructions § 1.1A through § 1.11, § 3.1 through § 3.8 and § 7.1 through § 7.5 from
`the Manual of Model Jury Instructions for the Ninth Circuit (2010) will be given absent objection.
`Counsel shall jointly submit one set of additional proposed jury instructions, ordered in a logical
`sequence, and a table of contents using the Ninth Circuit Manual where possible, by February 14,
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`Northern District of California
`United States District Court
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`Case 3:18-cr-00577-CRB Document 267 Filed 12/06/23 Page 2 of 5
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`2024. Any instructions on which counsel cannot agree shall be marked as “disputed,” and shall be
`included within the jointly submitted instructions and accompanying table of contents in the place
`where the party proposing the instruction believes it should be given. Argument and authority for
`and against each disputed instruction shall be included as part of the joint submission, on separate
`sheets directly following the disputed instruction. Counsel for the United States shall submit a
`verdict form. The attached voir dire will be given to the venire members. Counsel should submit
`an agreed upon set of additional requested voir dire questions to be posed by the Court. Any voir
`dire questions on which counsel cannot agree shall be submitted separately. Counsel will be
`allowed brief follow-up voir dire after the Court’s questioning.
`Any motions in limine should be noticed for hearing at the pretrial conference. Motions in
`limine will be fully briefed by February 7, 2024. Parties are to confer re the briefing schedule.
`By February 14, 2024, the proposed jury instructions, witness list, exhibit list, proposed
`verdict forms and proposed voir dire shall be submitted (A) on a CD or USB drive in Word 10.0
`format, (B) in Judge Breyer’s proposed order email address (crbpo@cand.uscourts.gov) in Word
`format, as well as (C) in hard copies. The defendants will file their witness and exhibit lists no
`later than March 25, 2024. All hard-copy submissions should be three-hole punched on the left, so
`that the chambers’ copy can be put in binders.
`JURY SELECTION
`The Jury Commissioner will summon prospective jurors. The Court will address the
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`possible use of jury questionnaires with counsel at the pretrial conference.
`On the day of jury selection, the Courtroom Deputy will seat the prospective jurors in the
`courtroom in the order in which their names are called. Voir dire will be asked of all the venire
`persons so that twelve (plus a sufficient number for alternates) will remain after all preemptory
`challenges and an anticipated number of hardship dismissals and cause challenges have been
`made.
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`The Court will then take cause challenges and discuss hardship claims from the individual
`jurors, at side bar. The Court will inform the attorneys which hardship claims and cause
`challenges will be granted, but will not announce those dismissals until the process is completed.
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`Northern District of California
`United States District Court
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`Case 3:18-cr-00577-CRB Document 267 Filed 12/06/23 Page 3 of 5
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`Preemptory challenges will be made in writing and passed between counsel in accordance with
`Crim L.R. 24-2 and 24-3. The Court will strike the persons with meritorious hardships, those
`excused for cause, and those challenged preemptorily, and call the first twelve people (plus
`alternates) in numerical sequence remaining. Those twelve people will be the jury.
`Jurors may take notes. Steno notebooks will be distributed at the beginning of each trial.
`The pads will remain in the jury room at the end of each day. Jurors will be instructed on the use
`of notes both in the preliminary and final jury instructions.
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`EXHIBITS
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`Counsel must meet and confer in person over all exhibit numbers and objections and to
`weed out duplicative exhibits. Please be reasonable.
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`Use numbers only, not letters, for exhibits, preferably the same numbers as were used in
`depositions. Blocks of numbers should be assigned to fit the need of the case (e.g., Plaintiff has 1
`to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single exhibit should be
`marked only once. If the plaintiff has marked an exhibit, then the defendant should not re-mark it.
`Different versions of the same document, e.g., a copy with additional handwriting, must be treated
`as different exhibits. To avoid any party claiming “ownership” of an exhibit, all exhibits shall be
`marked and referred to as “Trial Exhibit No. _____,” not as “Plaintiff’s Exhibit” or “Defendant’s
`Exhibit.” If an exhibit number differs from that used in a deposition transcript, however, then the
`latter must be conformed to the new trial number if and when the deposition testimony is read to
`the jury (so as to avoid confusion over exhibit numbers). The jury should always hear any given
`exhibit referred to by its unique number. You cannot have competing versions of the same exhibit
`numbers.
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`Exhibit tags: Exhibits must be labeled in the lower right-hand corner with the exhibit
`number in a prominent, bold typeface.
`Bench copy: Deposit your exhibits with the deputy clerk, Lashanda Scott, on the first day
`of trial. A bench binder containing a copy of each side’s exhibits must be provided to the Court
`on the first day of trial. Each exhibit must be separated with a label divider. Please use 1-1/2-inch
`binders with locking rings. (Heavier binders are too hard to handle.)
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`Northern District of California
`United States District Court
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`Case 3:18-cr-00577-CRB Document 267 Filed 12/06/23 Page 4 of 5
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`PRETRIAL ARRANGEMENTS
`Should a daily transcript and/or real-time reporting be desired, the parties shall make
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`arrangements with the Supervisor of the Court Reporting Services, at (415) 522-2079, at least ten
`calendar days prior to the trial date. If you are appointed pursuant to the CJA, daily transcript
`requests must be made through eVoucher. Counsel should contact Diana Weiss, CJA Supervising
`Attorney, at 415-522-2822, prior to ordering daily transcripts.
`SCHEDULING
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`The normal trial schedule will be 9:15 a.m. to 4:00 with two fifteen-minute breaks and a
`lunch break. Counsel must arrive by 8:45 a.m., or earlier as needed for any matters to be heard out
`of the presence of the jury. Please be prepared to start with the jury at 9:15 a.m. The trial week is
`Monday through Thursday except for Fridays and all federal court holidays.
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`IT IS SO ORDERED.
`Dated:
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`CHARLES R. BREYER
`United States District Judge
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`Northern District of California
`United States District Court
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`December 6, 2023
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`Case 3:18-cr-00577-CRB Document 267 Filed 12/06/23 Page 5 of 5
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` PLEASE ANSWER THE FOLLOWING QUESTIONS
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`WHEN DIRECTED TO DO SO BY THE COURT
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`State your name.
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`State your city of residence and how long you have lived there.
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`State how long you have lived in California.
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`State your occupation, (if retired or unemployed, state your previous occupation(s)
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`State your marital status.
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`If married, state your spouse’s occupation.
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`If you have children, state their ages and the occupation of any adult children.
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`If you have had previous military service, state the branch of the service and your duties
`while in the service.
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`If you have had previous jury service, including grand jury service, state where and when
`you were a juror. Also state whether the cases(s) was civil or criminal. Did the jury return
`a verdict?
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`DO NOT STATE WHAT THE VERDICT WAS.
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`Is there any reason why you could not be fair and impartial in a case of this nature?
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`Northern District of California
`United States District Court
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