Gonzalez v. City of Bakersfield

Filing 55

ORDER After Informal Telephonic Conference re: Trial Date, signed by Magistrate Judge Jennifer L. Thurston on 7/17/2017. Trial documents due by 1/5/2018. Motions in Limine: Filed by 12/8/2017; Opposition by 12/22/2017; Motion Hearing set for 1/9/2018 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial CONTINUED to 1/16/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTURO GONZALEZ,

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Plaintiff,

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v.
CITY OF BAKERSFIELD, et al.,

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Defendants.

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Case No.: 1:16-cv-00107 – JLT
ORDER AFTER INFORMAL TELEPHONIC
CONFERENCE RE: TRIAL DATE
(Doc. 54)

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On July 14, 2017, the Court conducted the second of two telephonic conferences regarding the

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trial date. Before this, the Court learned that, without notice, an earlier trial involving defense counsel

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was continued by a Superior Court judge who gave them no notice and who, apparently, was without

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concern that the change in date would impact the trial in this matter. This required that the trial in this

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matter be continued. Thus, after exploring other options, counsel agreed1 the trial in this case would be

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re-set to January 16, 20182. This necessitates amendment of the pretrial order. Thus, the Court

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ORDERS:

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1.

The trial is CONTINUED to January 16, 2018 at 8:30 a.m.;

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2.

The pretrial order is amended as follows:

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The Court appreciates that the plaintiff and his counsel would prefer an earlier trial date and appreciates the courtesy they
have shown.
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The Court advised counsel that it has another jury trial scheduled for the same date. In the event the other case does not
resolve, the trial in this matter will trial completion of the earlier-set trial.

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a.

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On or before December 1, 2017 counsel SHALL meet and confer to discuss

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any disputes related to the above listed exhibits and to pre-mark and examine each other’s exhibits.

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Any exhibits not previously disclosed in discovery SHALL be provided so that it is received by

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November 10, 2017.
3.

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The parties SHALL deliver three sets of their exhibit binders to the Courtroom Clerk

and provide one set to their opponent, no later than 4:00 p.m., on January 13, 2018;
4.

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The parties SHALL deliver three sets of the joint exhibits3 to the Courtroom Clerk and

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provide one set to their opponent, no later than 4:00 p.m., on January 13, 2018. Counsel are jointly

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obligated to ensure these exhibits are delivered but will decide which of them will take on this task;
5.

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Any motions in limine must be filed by December 8, 2017. Any opposition to the

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motions must be filed by December 22, 2017. The Court sets a hearing on the motions in limine on

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January 9, 2018, at 9:30 a.m. Counsel may appear via teleconference by dialing [phone] and

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entering Access Code 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a

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written notice of the intent to appear telephonically at least five court days before the noticed hearing

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date;
6.

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285 and it must be filed on or before January 5, 2018;
7.

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If any party wishes to file a trial brief, they must do so in accordance with Local Rule

The parties are required to file their proposed voir dire questions, in accordance with

Local Rule 162.1, on or before January 5, 2018;
8.

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The parties SHALL serve via e-mail their proposed jury instructions in accordance

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with Local Rule 163 and their proposed verdict form no later than November 20, 2017. The parties

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shall conduct a conference to address their proposed jury instructions and verdict form no later than

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December 1, 2017. At the conference, the parties SHALL attempt to reach agreement on jury

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instructions and verdict form for use at trial. The parties shall file all joint jury instructions and verdict

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If appropriate, counsel may create a third category of exhibits: Shared Exhibits. These are exhibits that both parties
would like marked but to which there may be objections to their introduction. These exhibits will be contained in a
separate set of exhibit binders and they will be appropriately marked, i.e., as SE, and will be indexed as such on the index
provided in the Shared Exhibit binder. At trial, the proponent of the exhibit will be obligated to lay the proper foundation
for the exhibit unless there is a stipulation to admit the exhibit without a further showing.

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form no later than January 5, 2018. At the same time, the parties SHALL lodge via e-mail a copy of

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the joint jury instructions and joint verdict form (in Word format) to [e-mail].

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If and only if, the parties after genuine, reasonable and good faith effort cannot agree upon

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certain specific jury instructions and the verdict form, the parties SHALL file their respective

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proposed (disputed) jury instructions and proposed (disputed) verdict form no later than January 5,

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2018, and identify such as the disputed jury instructions and verdict forms. At the same time, the

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party SHALL lodge via e-mail to [e-mail], a copy of the party’s (disputed) jury

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instructions and proposed (disputed) verdict form (in Word format).

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9.

Any objections to any amendment to the pretrial order SHALL be filed within 10 days.

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IT IS SO ORDERED.
Dated:

July 17, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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