Nelson v. Costello, et al

Filing 61

ORDER Setting Final Pretrial Conference, signed by District Judge G. Murray Snow on 3/1/2010. Motions In Limine due by 4/16/2010. Final Telephonic Pretrial Conference set for 5/7/2010 at 02:00 PM before District Judge G. Murray Snow. (Jessen, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P u r s u a n t to Rule 16(d) of the Federal Rules of Civil Procedure, a telephonic Final P r e tria l Conference shall be held on May 7, 2010 at 2:00 p.m. (Arizona time). The parties a re directed to call [phone]. In preparation for this Final Pretrial Conference, it is h e re b y Ordered: 1. T h e attorneys who will be responsible for the trial of the case shall attend the vs. S H E IL A COSTELLO, et al., D e f e n d a n ts . T A R Z A R R. NELSON, P la in tif f , ) ) ) ) ) ) ) ) ) ) ) N o . 1:07-cv-0802-GMS IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA

O R D E R SETTING FINAL PRETRIAL CONFERENCE

F in a l Pretrial Conference. Counsel shall bring their calendars so that trial scheduling can b e discussed. 2. T h e parties jointly shall prepare a Proposed Final Pretrial Order and shall

lo d g e it with the Court no later than 4:00 p.m. on April 16, 2010. Preparation and lodging o f the Proposed Final Pretrial Order in accordance with the requirements of this Order shall b e deemed to satisfy the disclosure requirements of Rule 26(a)(3) of the Federal Rules of C iv il Procedure. The parties shall submit a copy of the Proposed Final Pretrial Order to the

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

C o u rt in WordPerfect® 9.0 format either by email to s n o w _ c h a m b e rs @ a z d .u s c o u rts .g o v or o n an IBM-compatible computer disk. 3. T h e Proposed Final Pretrial Order shall include the information prescribed

in the Joint Proposed Final Pretrial Order form found at www.azd.uscourts.gov under J u d g e s and Courtrooms and Orders, Forms and Procedures. Information shall not be set f o r th in the form of a question, but shall be presented in concise narrative statements. 4. T h e Court will not allow the parties to offer any exhibit, witness, or other

e v id e n c e that was not disclosed in accordance with the provisions of this Order and the F e d e ra l Rules of Civil Procedure and listed in the Proposed Final Pretrial Order, except to p re v e n t manifest injustice. 5. T h e parties shall exchange drafts of the Proposed Final Pretrial Order no later

th a n 14 days before the submission deadline. The Plaintiff(s) shall have the burden of in itia tin g communications concerning the Proposed Final Pretrial Order. 6. T h e parties shall (a) number and mark exhibits in accordance with the

in stru c tio n s found in Exhibit Marking Instructions at www.azd.uscourts.gov under Judges a n d Courtrooms and Orders, Forms and Procedures (such numbers shall correspond to e x h ib its numbers listed in the Proposed Final Pretrial Order); (b) meet in person and e x c h an g e marked copies of all exhibits to be used at trial no later than 14 days before the s u b m is s io n deadline for the Proposed Final Pretrial Order (any exhibit not marked and e x c h a n g e d at this meeting shall be precluded at trial); and (c) eliminate any duplicate e x h ib its while meeting to exchange exhibits. 7. T h e parties shall file and serve all motions in limine no later than April 16,

2 0 1 0 . Responses to motions in limine shall be filed on or before April 23, 2010. Each m o tio n in limine shall include proposed language for the order in limine being sought from th e Court, and the proposed language shall state with precision the evidence that is subject to the proposed order and the limitation or exclusion placed on the evidence. The motions a n d responses must be concise and shall not exceed three (3) pages in length. No replies -2-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

s h a ll be filed. Counsel shall be prepared to argue the merits of such motions at the Final P re tria l Conference. 8. If this case will be tried to a jury, the parties shall complete the following

task s by the time of the lodging of the Proposed Final Pretrial Order: (a ) (b ) The parties shall file a stipulated description of the case to be read to the jury. The parties shall jointly file a proposed set of voir dire questions. The voir

d ire questions shall be drafted in a neutral manner. To the extent possible, the parties shall s tip u la te to the proposed questions. If the parties have any disagreement about a particular q u e stio n , they shall state the reason for their objection below the question. The parties shall a ls o provide, for the purposes of voir dire, a joint master list of the names of every witness w h o may be called at trial. (c ) T h e parties shall file proposed jury instructions in accordance with

"G u id e lin e s for Jury Instructions in Civil Cases" found at www.azd.uscourts.gov under J u d g e s and Courtrooms and Orders, Forms and Procedures. (d ) Each party shall file a proposed form of verdict, including any proposed

s p e c ia l verdict forms or juror interrogatories. (e) T h e joint statement of the case, proposed voir dire questions, proposed jury

in s tru c tio n s , and forms of verdict shall be submitted in WordPerfect® 9.0 format either by e m a il to [e-mail] or on an IBM-PC compatible disk. 9. If the case will be tried to the Court, each party shall lodge proposed findings

o f fact and conclusions of law with the Proposed Final Pretrial Order. The proposed f in d in g s of fact and conclusions of law shall also be submitted in WordPerfect® 9.0 format e ith e r by email to [e-mail] or on an IBM-compatible computer d is k . 10. T h e parties shall be prepared to advise the Court at the Final Pretrial

C o n f e re n c e of the status of settlement discussions. Should settlement be reached at any tim e , the parties promptly shall file a Notice of Settlement with the Clerk of the Court. -3-

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

11.

C o u n s e l shall review the statement of Trial Conduct and Decorum before the A copy can be found on the Court's website at

F in a l Pretrial Conference.

w w w .a z d .u s c o u rts .g o v under Judges and Courtrooms and Orders, Forms and Procedures. 12. F u ll and complete compliance with this Order shall be required by the Court.

D A T E D this 1st day of March, 2010.

-4-