in next tier of litigation , specifically up to now we have no ruling on #737 joint proposal.jmho

Stipulations - One of the purposes of a trial is to determine the facts upon which the parties cannot agree. However, it is not necessary to present evidence of facts which are not it dispute. Indeed, it saves the parties time and expense and focuses the trial when parties identify relevant facts that are not disputed. (1) To assist the jury in understanding the opening statement and in considering the evidence, such stipulated facts will be included in a jury instruction given to the jury prior to opening statements.

Please be cognizant of the difference between disputing the existence of a fact and disputing the significance of that fact. For example, a stipulation to the existence of fact (e.g.that the sun set at 7:00 p.m. on the day in question) does not prevent the party from arguing as to the significance of that fact (e.g. that there was or was not adequate daylight at 7:00 p.m.).

(1)(FED.R.CIV.P. 11(b)(4) provides guidance as to when a matter is in dispute.

From Document 339

Court Description:

TRIAL PREPARATION ORDER-CIVIL by Judge Marcia S. Krieger on 12/15/10. (msksec, )