Hawecker et al v. Sorensen

Filing 169

STIPULATION and ORDER Regarding Pre-Trial Matters 168 , signed by Magistrate Judge Jennifer L. Thurston on 7/31/2012. (Hall, S)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 STEVEN H. ROSENBAUM, Chief R. TAMAR HAGLER (SBN 189441), Deputy Chief COLLEEN M. MELODY, Trial Attorney PAMELA O. BARRON, Trial Attorney United States Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 (202) 305-0616 BENJAMIN B. WAGNER, United States Attorney ALYSON A. BERG, Assistant United States Attorney United States Attorney’s Office, Eastern District of California 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for Defendant UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CARRIE HAWECKER and MICHELLE ) BROUSSARD, individually and on behalf of a ) class of similarly situated person; ) ) Plaintiffs, ) ) v. ) ) RAWLAND LEON SORENSEN, ) ) Defendant ) ) ) ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) RAWLAND LEON SORENSEN, ) ) Defendant. ) Case No. 1:10-cv-00085-JLT CASE NO. 1:11-CV-00511-JLT STIPULATION REGARDING PRETRIAL MATTERS; [PROPOSED] ORDER Hearing: Time: Courtroom: August 29, 2012 10:00 a.m. 510 19th Street 23 24 25 26 Plaintiffs, Carrie Hawecker and Michelle Broussard, individually and on behalf of a similarly situated person, (Private Plaintiffs), Plaintiff United States of America, and Defendant Rawland Leon Sorensen, stipulate to the following pre-trial matters in this action as specifically set forth below. 27 28 29 STIPULATION REGARDING PRE-TRIAL MATTERS; ORDER 30 1 1 2 3 Whereas the parties have met and conferred in preparation for the trial in this action to commence on October 1, 2012, the parties agree to the following pre-trial and trial matters: 1. Pretrial motions: All pre-trial motions, including motions in limine, Daubert 4 motions and motions under Federal Rule of Evidence 412 shall be filed on August 17, 2012; 5 oppositions, if any, shall be filed on August 24, 2012; and replies, if any, shall be filed on August 31, 6 2012. The hearing regarding the motions will occur on September 7, 2012 at 10:00 a.m. before the 7 Honorable Judge Thurston. 8 9 10 11 12 2. Voir Dire: The parties agree that the United States shall have 20 minutes for voir dire, the Private Plaintiffs shall have 20 minutes for voir dire, and the Defendant shall have 20 minutes for voir dire. For the reasons set forth herein, the parties therefore stipulate and agree as specified above. The parties request the court endorse this stipulation by way of formal order. 13 Respectfully submitted, 14 15 Dated: July 30, 2012 16 17 18 19 20 21 22 23 24 25 26 27 BENJAMIN B. WAGNER United States Attorney Eastern District of California STEVEN H. ROSENBAUM Chief ALYSON A. BERG Assistant United States Attorney 2500 Tulare Street, Suite 4401 Fresno, California 93721 Phone: (559) 497-4000 Fax: (559) 497-4099 E-mail: Alyson.Berg@usdoj.gov /s/Colleen M. Melody R. TAMAR HAGLER SBN 189441 Deputy Chief COLLEEN M. MELODY PAMELA O. BARRON Trial Attorneys Housing and Civil Enforcement Section Civil Rights Division United States Department of Justice 950 Pennsylvania Avenue NW Northwest Building, 7th Floor Washington, DC 20530 Phone: (202) 305-0616 Fax: (202) 514-1116 E-mail: Collen.Melody@usdoj.gov 28 29 STIPULATION REGARDING PRE-TRIAL MATTERS; ORDER 30 2 BRANCART & BRANCART 1 By: 2 3 /s/ Christopher Brancart (as authorized) Christopher Brancart Attorneys for Plaintiffs Carrie Hawecker and Michelle Broussard 4 5 LAW OFFICES OF M. GREG MULLANAX 6 7 By: 8 9 /s/ Greg Mullanax (as authorized) Milton Greg Mullanax Attorneys for Defendant Rawland Leon Sorensen ORDER 10 11 Based upon the stipulation of the parties, the Court GRANTS the stipulation as follows: 12 1. 13 14 15 16 All pre-trial motions, including motions in limine, Daubert motions and motions under Federal Rule of Evidence 412 shall be filed on August 17, 2012; 2. Oppositions to pretrial motions, if any, shall be filed on August 24, 2012 and replies, if any, shall be filed on August 31, 2012; 3. The hearing regarding pretrial motions will be held on September 7, 2012 at 10:00 17 a.m. at the United States Courthouse at 510 19th Street, Bakersfield, CA. Counsel may appear by 18 CourtCall; 19 4. The United States shall have 20 minutes for voir dire, the private Plaintiffs shall have 20 20 minutes for voir dire, and the Defendant shall have 20 minutes for voir dire. Counsel are 21 permitted to ask follow-up questions, to ask questions on topics on which there has been no inquiry 22 and to clarify responses previously given. They SHALL NOT argue, repeat questions already asked 23 or improperly attempt to “condition” the jury. If they stray into improper tactics or waste time, 24 counsel will be stopped regardless of whether they have fully exhausted their allotted time. 25 26 27 IT IS SO ORDERED. Dated: July 31, 2012 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 28 29 STIPULATION REGARDING PRE-TRIAL MATTERS; ORDER 30 3 1 9j7khijed 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 29 STIPULATION REGARDING PRE-TRIAL MATTERS; ORDER 30 4

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