Washington et al v. Fresno County Sheriff et al

Filing 128

ORDER Following Case Management Conference signed by Magistrate Judge Stanley A. Boone on 12/21/2017. Pretrial Conference set for 4/6/2018 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone; Filing Deadline on Motion in Limine: 4/18/2018; Response due by 4/25/2018; Motion in Limine set for 5/2/2018 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone; Jury Trial set for 5/15/2018 at 08:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERRY WASHINGTON, et al,
Plaintiffs,

ORDER FOLLOWING CASE
MANAGEMENT CONFERENCE

FRESNO COUNTY SHERIFF, et al.,

Pre-Trial Conference:
April 6, 2018, at 9:30 a.m.
Courtroom 9

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Case No. 1:14-cv-00129-SAB

v.

Defendants.
Motion in Limine Deadlines:
Filing: April 18, 2018
Response: April 25, 2018
Hearing: May 2, 2018, at 10:00 a.m.
Courtroom 9 (SAB)

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Trial: May 15, 2018, at 8:30 a.m.
Courtroom 9 (SAB)
Jury Trial – 2-3 Days

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On November 7, 2016, the scheduling order issued in this action setting all pretrial and

21 trial dates. (ECF No. 104.) On June 29, 2017, the scheduling order was amended at the
22 stipulation of the parties and the pretrial and trial dates were vacated to be set following decision
23 on any dispositive motions that were filed. (ECF No. 110.) On December 6, 2017, an order was
24 filed denying Defendant’s motion for summary judgment. (ECF No. 125.)
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A case management conference was held on December 21, 2017. Counsel William

26 Schmidt and Jeffrey Eisinger appeared for Plaintiff and Scott Hawkins appeared for Defendant.
27 Pursuant to the discussion at the case management conference the following scheduling order is
28 set in this action.

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I.

Motion for Reconsideration

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Any motion for reconsideration of the order denying Defendant’s motion for summary

3 judgment shall be filed on or before January 12, 2018, and set for hearing according to Rule
4 230 of the Local Rules of the Eastern District of California. Counsel are directed to Rule 230(j)
5 of the Local Rules for the requirements on a motion for reconsideration.
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II.

Pre-Trial Conference Date

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The Pre-Trial conference is set for April 6, 2018, at 9:30 a.m. in Courtroom 9 before

8 United States Magistrate Judge Stanley A. Boone.
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The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule

10 281(a)(2). The parties are further directed to submit a digital copy of their Pretrial Statement in
11 Word format, directly to Magistrate Judge Stanley A. Boone’s chambers by email at
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Counsels’ attention is directed to Rules 281 and 282 of the Local Rules, as to the

14 obligations of counsel in preparing for the pre-trial conference. The Court will insist upon strict
15 compliance with those rules. In addition to the matters set forth in the Local Rules, the Joint
16 Pretrial Statement shall include a Joint Statement of the Case to be used by the Court to explain
17 the nature of the case to the jury during voir dire.
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III.

Motions In Limine and Hearing

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Any party may file a motion in limine, which is a procedural mechanism to limit in

20 advance testimony or evidence in a particular area. United States v. Heller, 551 F.3d 1108, 1111
21 (9th Cir. 2009) (quotation marks omitted). The Court orders the parties to meet and confer to
22 attempt to come to an agreement on any issue before it is presented to the Court in a motion in
23 limine. If this Court surmises that the parties have filed motions in limine without meaningful,
24 genuine attempts to meet and confer, this Court will strike the motions in limine and remove
25 them from calendar.
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This Court further orders the parties to file motions in limine only with respect to

27 important, critical matters. Most evidentiary issues can be resolved easily with a conference
28 between counsel or with the Court. Motions in limine on abstract evidentiary issues or issues

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1 more appropriately addressed by the Court on a case-by-case basis (such as a motion in limine to
2 exclude all irrelevant evidence) will be looked upon with disfavor.
The parties shall not file separate motions in limine for every issue presented to the

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4 Court. Rather, each party may file one consolidated motion in limine which is subdivided into
5 separate sections for each issue setting forth the legal authority and analysis. The responding
6 party shall file one opposition in response addressing each motion in limine issue in a separate
7 section. Counsel are advised that moving and opposition papers must be brief, succinct and
8 well-organized.
The parties, after meeting and conferring, shall file and serve their truly disputed motions

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10 in limine no later than April 18, 2018. Oppositions in response to such motions in limine shall
11 be filed and served no later than April 25, 2018. This Court will neither accept nor consider
12 reply papers. This Court will conduct a hearing on the motions in limine on May 2, 2018, at
13 10:00 a.m. in Courtroom 9 (SAB) of this Court, unless this Court determines that a hearing is not
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IV.

Trial Date

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Trial is set for May 15, 2018, at 8:30 a.m. in Courtroom 9 before United States

17 Magistrate Judge Stanley A. Boone.
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A.

This is a jury trial.

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B.

Counsels’ Estimate of Trial Time: 2 to 3 days.

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C.

Counsels’ attention is directed to Local Rule 285 for the Eastern District of

21 California and the Court’s website under Judge Boone and his trial procedures found under Case
22 Management Procedures.
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IT IS SO ORDERED.

25 Dated:

December 21, 2017
UNITED STATES MAGISTRATE JUDGE

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