Chism v. Ward et al

Filing 50

ORDER SETTING Final Pretrial Conference, signed by District Judge David G. Campbell on 6/24/11: Pretrial Conference RESET to 7/21/2011 at 03:30 PM before District Judge David G. Campbell via telephonic. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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William H. Chism, III,
Plaintiff,

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v.
J. Ward, Chief Deputy Warden, et al.,
Defendant.

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No. 1:08-CV-00103-DGC
ORDER SETTING FINAL PRETRIAL
CONFERENCE

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Pursuant to Rule 16(d) of the Federal Rules of Civil Procedure, the Final Pretrial

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Conference set for July 15, 2011 at 4:00 p.m. is VACATED and RESET to July 21, 2011

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at 3:30 p.m. The Final Pretrial Conference shall be held telephonically on July 21, 2011 at

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3:30 p.m. in Courtroom 603, Sandra Day O'Connor U.S. Federal Courthouse, 401 W.

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Washington St., Phoenix, Arizona 85003-2151. In preparation for this Final Pretrial

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Conference, it is hereby Ordered:

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1.

Counsel for Defendant shall initiate a conference call to include Plaintiff

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and the Court at the time set for the Final Pretrial Conference. The attorneys who will

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be responsible for the trial of the case shall participate in the Final Pretrial Conference.

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Counsel shall have immediate access to their calendars so that trial scheduling can be

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discussed.

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2.

Counsel for Defendant shall prepare a draft Proposed Final Pretrial Order and

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submit it to Plaintiff for review no later than May 20, 2011. Plaintiff shall review the

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Proposed Final Pretrial Order and provide counsel for Defendant with his/her revisions no

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later than June 10, 2011. Counsel for Defendant shall lodge the Proposed Final Pretrial

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Order with the Court no later than 4:00 p.m. on June 27, 2011. Preparation and lodging of

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the Proposed Final Pretrial Order in accordance with the requirements of this Order shall be

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deemed to satisfy the disclosure requirements of Rule 26(a)(3) of the Federal Rules of Civil

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Procedure. Counsel for Defendant shall submit a copy of the Proposed Final Pretrial Order

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to the Court in WordPerfect® 9.0 format either by email to [e-mail]

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or on an IBM-compatible computer disk.

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3.

The Proposed Final Pretrial Order shall include the information prescribed in

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the Joint Proposed Final Pretrial Order form found at www.azd.uscourts.gov under Judges

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and Courtrooms and Orders, Forms and Procedures. Information shall not be set forth in the

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form of a question, but shall be presented in concise narrative statements.

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4.

The Court will not allow the parties to offer any exhibit, witness, or other

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evidence that was not disclosed in accordance with the provisions of this Order and the

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Federal Rules of Civil Procedure and listed in the Proposed Final Pretrial Order, except to

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prevent manifest injustice.

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5.

The parties shall (a) number and mark exhibits in accordance with the

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instructions found in Exhibit Marking Instructions at www.azd.uscourts.gov under Judges

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and Courtrooms and Orders, Forms and Procedures (such numbers shall correspond to

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exhibits numbers listed in the Proposed Final Pretrial Order); (b) meet in person and

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exchange marked copies of all exhibits to be used at trial no later than 14 days before the

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submission deadline for the Proposed Final Pretrial Order (any exhibit not marked and

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exchanged at this meeting shall be precluded at trial); and (c) eliminate any duplicate exhibits

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while meeting to exchange exhibits.

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6.

The parties shall file and serve all motions in limine no later than

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June 10, 2011. Responses to motions in limine shall be filed on or before June 24, 2011.

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Each motion in limine shall include proposed language for the order in limine being sought

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from the Court, and the proposed language shall state with precision the evidence that is

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subject to the proposed order and the limitation or exclusion placed on the evidence.

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The motions and responses must be concise and shall not exceed three (3) pages in length.

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No replies shall be filed. The Court will rule on the motions in limine without oral argument.

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7.

If this case will be tried to a jury, the parties shall complete the following tasks

by the time of the lodging of the Proposed Final Pretrial Order:

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(a)

The parties shall file a stipulated description of the case to be read to the jury.

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(b)

The parties shall jointly file a proposed set of voir dire questions. The voir dire

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questions shall be drafted in a neutral manner. To the extent possible, the parties shall

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stipulate to the proposed questions. If the parties have any disagreement about a particular

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question, they shall state the reason for their objection below the question. The parties shall

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also provide, for the purposes of voir dire, a joint master list of the names of every witness

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who may be called at trial.

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(c)

The parties shall file proposed jury instructions in accordance with "Guidelines

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for Jury Instructions in Civil Cases" found at www.azd.uscourts.gov under Judges and

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Courtrooms and Orders, Forms and Procedures.

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(d)

Each party shall file a proposed form of verdict, including any proposed special

verdict forms or juror interrogatories.
(e)

The joint statement of the case, proposed voir dire questions, proposed jury

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instructions, and forms of verdict shall be submitted in WordPerfect® 9.0 format either by

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email to [e-mail] or on an IBM-PC compatible disk.

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8.

If the case will be tried to the Court, each party shall lodge proposed findings

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of fact and conclusions of law with the Proposed Final Pretrial Order. The proposed findings

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of fact and conclusions of law shall also be submitted in WordPerfect® 9.0 format either by

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email to [e-mail] or on an IBM-compatible computer disk.

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9.

In order to facilitate the creation of an accurate record, the parties shall file a

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"Notice to Court Reporter" one week before trial containing the following information that

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may be used at trial:

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(a)

Proper names, including those of witnesses.

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(b)

Acronyms.

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(c)

Geographic locations.

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(d)

Technical (including medical) terms, names or jargon.

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(e)

Case names and citations.

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(f)

Pronunciation of unusual or difficult words or names.

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Please also send (or transmit electronically) to the court reporter a copy of the concordance

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from key depositions.

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10.

The parties shall file a status report regarding settlement discussions no later

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than (3 weeks prior to submission date). Should settlement be reached at any time, the

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parties promptly shall file a Notice of Settlement with the Clerk of the Court.

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12.

Counsel shall review Judge Campbell's statement of Trial Conduct and

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Decorum before the Final Pretrial Conference. A copy can be found on the Court's website

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at www.azd.uscourts.gov under Judges and Courtrooms and Orders, Forms and Procedures.

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This Order supersedes the Local Rules of the United States District Court for

the Eastern District of California to the extent it is inconsistent with those rules.

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Full and complete compliance with this Order shall be required by the Court.

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DATED this 24th day of June, 2011.

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