Parsons et al v. Ryan et al

Filing 4112

ORDER re: logistical issues related to trial. IT IS ORDERED no later than 8:30 a.m, November 1, 2021, the parties shall file witness schedules containing the times for direct, cross, and redirect for each of their witnesses. IT IS FURTHER ORDERED if either side objects to trial continuing on November 22, 2021, they should file a statement explaining no later than November 1, 2021. Signed by Senior Judge Roslyn O Silver on 10/29/21. (MJF)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Shawn Jensen,
Plaintiff,

10
11

ORDER

v.

12

No. CV-12-00601-PHX-ROS

David Shinn,

13

Defendant.

14
15
16

Additional logistical issues must be resolved prior to trial.
1. Plaintiffs’ expert Pablo Stewart will be permitted to testify via
Plaintiffs must coordinate with the Court’s System

17

videoconference.

18

Technology Division to facilitate his testimony.

19

2. Plaintiffs have provided a witness schedule that includes the time for direct

20

and redirect examination. Defense counsel shall also provide the amount of

21

time they expect to spend on cross and Plaintiffs will be required to file a

22

revised complete witness schedule. The Court notes Plaintiffs’ schedule

23

includes a realistic number of witnesses given Plaintiffs’ time allotment and

24

burden of proof. Defendants, however, have not provided an actual witness

25

schedule. Instead, Defendants’ list of approximately seventy individuals

26

must be potential witnesses. It is not remotely possible Defendants will be

27

able to call all these individuals in their allotted time. Defendants will be

28

required to file a realistic witness list which includes the time for direct,

1

cross, and redirect, for each of their witnesses.

2

3. Given the type of evidence at issue in this case and counsel’s familiarity

3

with it, the parties should be able to stipulate to the admission of almost all

4

exhibits. However, to the extent the parties have objections to exhibits,

5

they must expediently provide a list of those objections to opposing

6

counsel.

7

objection. Moreover, trial time expended on objections will be charged

8

against the party who loses the objection.

That list must contain the good faith legal basis for each

9

4. In the Order issued on October 27, 2021, the Court noted, in accordance

10

with the rule, that testimony by deposition would be allowed only in limited

11

circumstances. (Doc. 4098 at 2). That statement was prompted by defense

12

counsel’s position that they oppose available witnesses testifying by

13

deposition. But it is undisputed that defense counsel are experienced trial

14

lawyers who attended the witnesses’ depositions, and no doubt asked

15

appropriate questions, such that they are fully aware of how the individuals

16

testified. To the extent defense counsel expect to elicit entirely different

17

testimony from these witnesses at trial, they are entitled to do so. However,

18

defense counsel are warned they are precluded from requiring Plaintiffs to

19

present live testimony of witnesses who will testify precisely, or very

20

closely, to how they testified during depositions.

21

5. The Court previously indicated the parties would be allowed up to 13

22

individuals in the courtroom. Given the number of inquiries from the

23

media and the public, that number must be reduced. Each side will be

24

permitted no more than six individuals in the floor of the courtroom and

25

two more for each side may be seated in the jury box but the remaining

26

space in the courtroom will be available for media and members of the

27

public.

28

6. The District of Arizona’s bench plans to attend the memorial service for

-2-

1

Grant Woods on November 12, 2021, at 10:00 a.m. If the Court were to

2

attend approximately three hours of the scheduled trial time would be

3

needed to allow attendance. This time could be made up by allowing the

4

trial to proceed for three hours on Monday, November 22, 2021. If either

5

party objects to this possible change to the trial schedule, the objection is to

6

be filed in a document setting forth the reasons.

7

Accordingly,

8

IT IS ORDERED no later than 8:30 a.m, November 1, 2021, the parties shall file

9

witness schedules containing the times for direct, cross, and redirect for each of their

10

witnesses.

11

IT IS FURTHER ORDERED if either side objects to trial continuing on

12

November 22, 2021, they should file a statement explaining no later than November 1,

13

2021.

14

DATED this 29th day of October, 2021.

15
16

Honorable Roslyn O. Silver
Senior United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28

-3-