Sidibe

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division DJENEBA SIDIBE, et al., Case No. 12-cv-04854-LB

Plaintiffs,

ORDER ON PROPOSED JURY

v. INSTRUCTIONS

SUTTER HEALTH, et al., Re: ECF No. 1133 Defendants. 16 INTRODUCTION The parties submitted twenty preliminary instructions (P-1 through P-20), nine instructions for the course of trial (M-1 through M-9), eighteen substantive instructions (S-1 through S-18), and nine concluding instructions (C-1 through C-9).1 The parties submitted briefing about four substantive issues.2 The court resolves the legal questions as follows: (1) health plans are not purchasers as a matter of law; (2) business justifications are relevant only to the rule-of-reason claim, not the tying claim; (3) market power is a necessary element for both the rule-of-reason and tying claims; and (4) the jury will be instructed with the standard CACI instruction (and not with the…