Slama v. City of Madera, et al

Filing 169

ORDER SETTING Pretrial Schedule and Deadlines. Order signed by Magistrate Judge Sheila K. Oberto on 5/20/2013. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY DEAN SLAMA,

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CASE NO. 1:08-cv-00810-AWI-SKO

Plaintiff,

ORDER SETTING PRETRIAL SCHEDULE
AND DEADLINES

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v.
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CITY OF MADERA, et al.,
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Defendants.
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Due to the Court's continuance of the Pretrial Conference to May 31, 2013, at 3:30 p.m., and

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to provide the parties sufficient time to comply with required pretrial deadlines and requirements,

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the Court sets the following schedule and deadlines.

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I.

EXHIBITS

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No later than June 3, 2013, the parties shall exchange their proposed exhibits to the extent

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that they have not done so. The parties' counsel shall meet and conduct an exhibit conference no

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later than June 10, 2013, to pre-mark and examine trial exhibits and to prepare exhibit lists to the

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extent that they have not done so. No later than June 21, 2013, the parties shall file and serve their

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final lists of respective pre-marked exhibits. Only those exhibits that are listed in the Pretrial Order,

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which will issue after the Pretrial Conference, may appear on the final exhibit list. Further, no

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exhibit, other than those listed in the final exhibit list, may be admitted at trial for any purpose

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including rebuttal unless the parties stipulate or upon a showing that this order and the

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forthcoming Pretrial Order should be modified to prevent "manifest injustice." Fed. R. Civ.

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P. 16(e). No later than June 24, 2013, the parties shall submit to the Court through the Clerk's

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Office all pre-marked documentary trial exhibits, including all originals and one copy. Joint

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exhibits, if any, shall be admitted into evidence for all purposes.

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II.

DISCOVERY DOCUMENTS

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Although the parties' Joint Pretrial Conference Statement indicated that counsel had "no

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intention to use written discovery at the time of trial, other than necessary for impeachment" (Doc.

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164, ¶ XII), to the extent that discovery is reasonably anticipated to be used at trial for impeachment,

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it must be exchanged. As such, no later than June 21 2013, the parties shall file and serve a final
list of discovery documents that they reasonably anticipate using for impeachment purposes. Only

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those discovery documents listed in the Pretrial Order, which will be issued after the Pretrial

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Conference, may appear on the final discovery document list. Further, no discovery documents,

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other than those listed in the final exhibit list, may be admitted at trial for any purpose

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including for rebuttal unless the parties stipulate or upon a showing that this order should be

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modified to prevent "manifest injustice." Fed. R. Civ. P. 16(e).
Discovery documents (or relevant portions thereof) may be either separately marked and

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indexed as a trial exhibit (as part of the exhibit marking process described above) or, if admissible,
read directly into evidence. No later than June 24, 2013, the parties shall submit to the Clerk's
Office all pre-marked discovery documents.

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Deposition testimony shall be designated by page and line number, with such designation to

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be filed and served no later than June 21, 2013. Any counter-designation as to the same

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designation (also set out by page and line number) shall be filed and served no later than June 24,

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2013.

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counter-designation shall be lodged with the Court through the Clerk's Office no later than June

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The original certified transcript of any deposition identified in a designation or

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III.

MATERIALS USED IN OPENING AND CLOSING STATEMENTS
Any materials to be used during a party's opening and/or closing statements shall be disclosed

to the other party in advance of trial. As such, no later than June 24, 2013, the parties shall serve

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on each other copies or a description of any materials to be used in opening and/or closing statements

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at trial. Further, by no later than June 28, 2013, the parties shall submit copies or a description of

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these materials to the Court through the Clerk's Office.

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IV.

DUTIES OF COUNSEL REGARDING EVIDENCE

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A.

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During the course of trial, the parties' counsel shall meet with the Court each morning to

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advise as to which items of evidence will be used that day and which have not already been admitted
into evidence.

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General Evidentiary Matters

The Court will rule on any objections to the extent possible prior to the

commencement of trial each day out of the presence of the jury. If such ruling depends on the receipt

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of testimony or other evidence, the Court will rule as appropriate upon receipt of such testimony or

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evidence. If evidentiary problems are anticipated, the parties' counsel are required to notify the Court

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immediately that a hearing outside the jury's presence will be required. During the time set for

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conducting the trial before the jury, the Court will not hear argument outside the jury's presence on

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such matters.
B.

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Witnesses

During the trial, the parties' counsel are obligated to provide the Court and the other
counsel, no less than one court day before a witness is called, with the names of the witnesses
to be called. If evidentiary problems are anticipated, the parties' counsel are required to notify the

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Court immediately that a hearing will be required.

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V.

MOTIONS IN LIMINE

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The Court ORDERS the parties' counsel to meet and confer on anticipated motions in limine

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and to distill evidentiary issues. The Court FURTHER ORDERS the parties to file motions in limine

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as to only important matters in that most evidentiary issues can be resolved easily with a conference
among the Court and counsel. If, after conferencing, any party chooses to file motions in limine, the
party shall file and serve its motions in limine by no later than June 3, 2013. Oppositions to
motions in limine shall be filed and served no later than June 7, 2013. The Court will not accept

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or consider reply papers. The Court will conduct a hearing on June 14, 2013, at 3:00 p.m. in

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Courtroom 7 (SKO).

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VI.

TRIAL PREPARATION AND SUBMISSIONS

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A.

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The parties are relieved of their obligation to file trial briefs under Local Rule 285. If any

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Trial Briefs

party wishes to file a trial brief, the party must do so in accordance with Local Rule 285 and must
file and serve the trial brief by no later than June 21, 2013.

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B.

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No later than June 10, 2013, the parties shall meet and confer regarding the drafting a

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neutral statement of the case. The parties shall jointly file a neutral, brief statement of the case,

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which is suitable for reading to the jury on one another by no later than June 21, 2013.
C.

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Neutral Statement of the Case

Proposed Voir Dire

The parties shall file and serve any proposed jury voir dire by no later than June 21, 2013.

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D.

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The parties shall serve their proposed jury instructions on one another by no later than June

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3, 2013. The parties shall conduct a conference to address their proposed jury instructions by no

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later than June 10, 2013. At the conference, the parties SHALL reach an agreement on the jury

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instructions for use at trial. The parties shall file and serve all agreed-upon jury instructions, and

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Proposed Jury Instructions

identify them as such, by no later than June 21, 2013.
For those jury instructions on which the parties are not in agreement, by no later than June
21, 2013, Plaintiff may file and serve no more than ten (10) proposed jury instructions and identify
them as instructions upon which the parties could not agree. Similarly, by no later than June 21,

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2013, Defendants may file and serve no more than ten (10) proposed jury instructions and identify

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them as instructions upon which the parties could not agree. Without prior order, the Court will not

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consider additional proposed jury instructions past the first ten (10).

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All jury instructions shall indicate the party submitting the instruction (i.e., joint/agreed-on,
Plaintiff's, or Defendants'), the number of the proposed instruction in sequence, a brief title for the
instruction describing the subject matter, the text of the instruction, and the legal authority
supporting the instruction.
Ninth Circuit Model Jury Instructions SHALL be used where the subject of the instruction

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is covered by a model instruction. Otherwise CACI or BAJI instructions SHALL be used where the

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subject of the instruction is covered by CACI or BAJI. All instructions shall be short, concise,

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understandable, and neutral and accurate statements of the law. Argumentative or formula

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instructions will not be given and must not be submitted. Quotations from legal authorities

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without reference to the issues at hand are unacceptable.

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The parties shall, by italics or underlining, designate any modification of instructions from
statutory or case authority, or any pattern instruction, such as the Ninth Circuit Model Jury

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Instructions, CACI, BAJI, or any other source of pattern instructions, and must specifically state the

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modification made to the original form instruction and the legal authority supporting the

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modification.
By no later than June 24, 2013, the parties may file and serve meaningful written objections

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to disputed jury instructions proposed by another party. All objections shall be in writing, shall set
forth the proposed instruction objected to in its entirety, shall specifically set forth the objectionable

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matter in the proposed instruction, and shall include a citation to legal authority to explain the

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grounds for the objection and why the instruction is improper. A concise argument concerning the

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instruction may be included. Where applicable, the objecting party shall submit an alternative

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proposed instruction covering the subject or issue of law.
E.

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The parties shall serve their proposed verdict form on one another by no later than June 3,

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Proposed Verdict Form

2013. The parties shall conduct a conference to address their proposed verdict form by no later than
June 10, 2013. At the conference, the parties SHALL reach agreement on the verdict form for use
at trial. The parties shall file and serve the agreed-upon verdict form, and identify it as such, by no
later than June 21, 2013. If a party seeks additions to the agreed-upon verdict form, the party may

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file and serve by no later than June 24, 2013, a proposed verdict form which includes the

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agreed-upon portions and additions which are clearly indicated on the party's proposed verdict form.

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The Court will strike and will not accept separately proposed verdict forms upon which the parties

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do not agree.
F.

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Other Matters

All proposed jury instructions and verdict forms shall be e-mailed as a WordPerfect or Word
formatted attachment to [e-mail] by no later than June 21, 2013. Jury
instructions and verdict forms will not be given or used unless they are e-mailed to the Court. The

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Court will not accept a mere list of numbers of form instructions from the Ninth Circuit Model Jury

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Instructions, CACI, BAJI, or other instruction forms. The proposed jury instructions must be in the

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form and sequence which the parties desire to be given to the jury. All blanks to form instructions

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must be completed. Irrelevant or unnecessary portions of form instructions must be omitted.

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VII

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STRICT COMPLIANCE
Strict compliance with this scheduling order and its requirements is mandatory. The Court

will strictly enforce the requirements of this order, especially those portions pertaining to jury
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instructions and a verdict form. Counsel and the parties are subject to sanctions for failure to fully

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comply with this order and its requirements. The Court will modify this order "only to prevent

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manifest injustice." Fed. R. Civ. P. 16(e).

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IT IS SO ORDERED.
Dated:
cc0hp0

May 20, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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