TRIAL CONFIRMATION ORDER

GARLAND E. BURRELL, Jr., Senior District Judge.

Trial in the above-captioned case, scheduled to commence on March 3, 2015, at 9:00 a.m., was confirmed at the hearing held on January 30, 2015.

EVIDENTIARY DISPUTES

All evidentiary disputes capable of being resolved by in limine motions shall be set forth in such motions no later than February 16, 2015. Oppositions to the motions or statements of non-opposition shall be filed no later than February 20, 2015. Reply briefs shall be filed no later than February 24, 2015. Hearing on the motions will commence at 9:00 a.m. on February 27, 2015.

Any reasonably anticipated dispute concerning the admissibility of evidence that is not briefed in an in limine motion shall be included in trial briefs. E.D. Cal. R. 285(a)(3).

TRIAL PREPARATION

A. No later than five court days before trial, the following documents shall be filed:1

(1) proposed jury instructions and a proposed verdict form;

(2) proposed voir dire questions to be asked by the Court;

(3) trial briefs; and

(4) a joint statement or joint proposed jury instruction that can be read to the jury during voir dire that explains the nature of the case.

B. The government's exhibits shall be numbered with stickers. Should the defendants elect to introduce exhibits at trial, such exhibits shall be designated by alphabetical letter with stickers. Defendants shall meet and confer concerning the marking of their exhibits to avoid duplication. The parties may obtain exhibit stickers from the Clerk's Office.

C. The parties estimate it will take approximately eleven (11) court days to try the case, which includes closing arguments. Each side indicated twenty (20) minutes is sufficient for voir dire, which may be used after the judge completes judicial voir dire.2 Two (2) alternate jurors will be empaneled.

The "struck jury" system will be used to select the jury. The struck jury system is "designed to allow both the prosecution and the defense a maximum number of peremptory challenges. The venire . . . start[s] with about 3[6] potential jurors, from which the defense and the prosecution alternate[] with strikes until a petite panel of 12 jurors remain[s]." Powers v Ohio, 499 U.S. 400, 404-05 (1991); see also United States v. Esparza-Gonzalez, 422 F.3d 897, 899 (9th Cir. 2005) (discussing the "struck jury" system).

The Jury Administrator randomly selects potential jurors and places their names on a list that will be provided to each party in the numerical sequence in which they were randomly selected. Each juror will be placed in his or her randomly-selected seat. The first 12 jurors on the list will constitute the petit jury unless one or more of those 12 is excused for some reason. Assuming that the first listed juror is excused, the thirteenth listed juror becomes one of the twelve jurors.

The Courtroom Deputy will give each juror a large laminated card on which their number is placed. When questions are posed to the jurors as a group, they will be asked to raise their number if they have a response. Generally, jurors will be given an opportunity to respond in numerical order.

Following the voir dire questioning, each side will take turns exercising its peremptory challenges. The parties will be given a sheet of paper ("strike sheet") upon which they shall silently exercise their peremptory challenges in the manner specified on the strike sheet, commencing with Defendant, by passing the strike sheet back and forth until all peremptory challenges are used or waived.3 See Esparza-Gonzalez, 422 F.3d at 899 ("Beginning with the defense, each side exercises its . . . peremptory strikes on an alternating basis."). If a side elects to pass rather than exercise a particular peremptory challenge, that challenge is waived.4

Alternate jurors will be retained after the jury retires to deliberate; however, the alternate jurors are no longer required to appear in court unless directed to appear by the Courtroom Deputy.

D. It was agreed at the confirmation hearing that each side has up to twenty (20) minutes to make an opening statement and up to one hundred and twenty (120) minutes to make a closing argument.5 The government may decide how to allocate its total time for closing argument between its opening and rebuttal arguments.6

IT IS SO ORDERED.