Reyes v. Flores et al

Filing 169

ORDER Regarding Motions In Limine and Pretrial Documents signed by Magistrate Judge Christopher D. Baker on 04/27/2023. Motions in Limine Filing Deadline: June 5, 2023; Oppositions to Motions in Limine Filing Deadline: June 19, 2023; Exchange of Trial Exhibits Deadline: June 12, 2023; Submission of Trial Exhibits Deadline: July 12, 2023; Trial Documents Submission Deadline: July 21, 2023.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:16-cv-00586-CDB (PC)

ABEL P. REYES,
Plaintiff,
v.

Motions in Limine Filing Deadline: June 5, 2023

M. FLORES,

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ORDER REGARDING MOTIONS IN
LIMINE AND PRETRIAL DOCUMENTS

Defendant.

Oppositions to Motions in Limine Filing
Deadline: June 19, 2023
Exchange of Trial Exhibits Deadline:
June 12, 2023

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Submission of Trial Exhibits Deadline:
July 12, 2023

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Trial Documents Submission Deadline:
July 21, 2023

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Plaintiff Abel P. Reyes is a state prisoner, proceeding with counsel, in this action brought
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pursuant to 42 U.S.C. § 1983. Plaintiff is represented by Donald A. Lancaster, Jr. Defendant is
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represented by Deputy Attorney General Matthew Roman.
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I.

INTRODUCTION

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The action proceeds against Defendant M. Flores on a claim of deliberate indifference to
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serious medical needs. The pretrial conference is scheduled for July 18, 2023, with trial
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commencing August 2, 2023. (See Doc. 162.)
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Following the parties’ inability to reach a settlement following the recent settlement
conference (Doc. 168), the Court sets the following schedule and deadlines.

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II.

MOTIONS IN LIMINE

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Prior to filing any pretrial motions in limine, the parties’ counsel SHALL meet and confer

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in an effort to reach agreement on and otherwise narrow disputed evidentiary issues. Motions in

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limine SHALL be directed to pretrial rulings only as to evidentiary issues of genuinely material

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import, keeping in mind that routine evidentiary issues can be resolved with a conference among

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the Court and counsel during the course of trial. If this Court perceives that the parties have filed

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motions in limine without meaningfully meeting and conferring, this Court may strike the

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motions in limine.
The parties, after meaningful meet and confer efforts, SHALL file and serve any

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genuinely disputed motions in limine no later than June 5, 2023. All motions by each party

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SHALL be consolidated in a single document and referred to by motion number. Any response to

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motions in limine shall be filed no later than June 19, 2023. The Court will hear argument on

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the motions at the pretrial conference on July 18, 2023, unless the Court decides the motions are

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suitable for disposition without oral argument. Moving and opposition papers must be brief,

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succinct, and well-organized.

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III.

TRIAL EXHIBITS

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The original and two (2) copies of all trial exhibits, along with exhibit lists, shall be

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submitted to Courtroom Deputy Susan Hall no later than July 12, 2023. The parties shall also

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serve one (1) copy of all trial exhibits, along with their exhibit list, on each other no later than

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June 12, 2023. This includes any demonstrative evidence the parties intend to use. Plaintiff’s

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exhibits shall be pre-marked with the prefix “PX” and numbered sequentially beginning with 100

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(e.g., PX-100, PX-101, etc.). Defendant’s exhibits shall be pre-marked with the prefix “DX” and

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numbered sequentially beginning with 200 (e.g., DX-200, DX-201, etc.). Exhibits which are

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multiple pages shall be marked with page numbers in addition to the prefix and exhibit number,

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on each page of the exhibit (e.g., PX-100, page 1 of 2, PX-100, page 2 of 2 etc.). Defendant’s

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exhibits shall also be separated by tabs. The parties are required to meet and confer, by
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telephone or other means, to agree upon and identify their joint exhibits, if any. Joint

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exhibits shall be pre-marked with the prefix “JT” and numbered sequentially beginning with 1

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(e.g., JT-1, JT-2, etc.) and shall also be submitted to Courtroom Deputy Susan Hall no later than

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July 12, 2023.

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IV.

TRIAL DOCUMENTS
Trial Briefs

The parties are relieved of their obligation under Local Rule 285 to file a trial brief. If the
parties wish to submit a trial brief, they must do so on or before July 21, 2023.
Verdict Form(s)
The Court will prepare the verdict form(s), which the parties will have an opportunity to

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review on the morning of trial. If the parties wish to submit a proposed verdict form or forms,

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they must do so on or before July 21, 2023.

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Jury Instructions
The parties shall submit proposed jury instructions, in accordance with Local Rule 163, no

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later than July 21, 2023. The Court will prepare the jury instructions, which the parties will have

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the opportunity to review on the morning of trial.

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The parties shall use Ninth Circuit Model Civil Jury Instructions to the extent possible.

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Ninth Circuit Model Jury Instructions SHALL be used where the subject of the instruction is

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

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subject of the instruction is covered by BAJI or CACI. 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

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statutory or case authority, or any pattern or form instruction, such as the Ninth Circuit Model

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Jury Instructions, BAJI, CACI, or any other source of pattern instructions. The parties must

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specifically state the modification made to the original form instruction and the legal authority

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supporting the modification.
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The Court will not accept a mere list of numbers of form instructions from the Ninth

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Circuit Model Jury Instructions, CACI, BAJI, or other instruction forms. The proposed jury

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instructions must be in the form and sequence which the parties desire to be given to the jury.

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All blanks to form instructions must be completed. Irrelevant or unnecessary portions of

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form instructions must be omitted.

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Proposed Voir Dire

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Proposed voir dire questions, if any, shall be filed no later than July 21, 2023.

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Statement of the Case

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The parties may serve and file a non-argumentative, brief statement of the case which is

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suitable for reading to the jury at the outset of jury selection no later than July 21, 2023. The

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Court will consider the parties’ statement but will draft its own statement. The parties will be

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provided with an opportunity to review the Court’s prepare statement on the morning of trial.

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V.

USE OF ELECTRONIC EQUIPMENT IN COURTROOM

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Any party wishing to receive an overview or tutorial of the Court’s electronic equipment

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must contact the Courtroom Deputy Susan Hall at [e-mail] at least three (3)

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weeks before the start of trial to schedule a tutorial session at a time convenient to the Court. The

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parties need to coordinate so everyone who is interested can attend the IT conference, the Court

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will hold only one conference per case. The parties and counsel shall confer and advise the

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Courtroom Deputy of the date and time that has been agreed upon. Counsel will not be provided

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any training on the day of or during the course of the trial.

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The electronic equipment and resources available for this trial may differ from the

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equipment and resources available in other courtrooms and may even differ from the equipment

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and resources available in this courtroom at another time. It is the responsibility of the parties to

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familiarize themselves with the equipment and resources available for use in this trial prior to the

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commencement of trial. If any party is unfamiliar with the equipment and resources available for

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use in this trial, that party may be ordered to proceed without the aid of such equipment and

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resources and/or may be sanctioned for any fees, costs or expenses associated with any delay.

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VI.

REMINDER: JOINT PRETRIAL STATEMENT

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As previously ordered (see Doc. 162), the parties shall file a joint pretrial statement in

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compliance with Local Rule 281 on or before July 7, 2023. A copy of the statement shall also be

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emailed in Word format to [e-mail].

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IT IS SO ORDERED.

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Dated:

April 27, 2023

___________________

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UNITED STATES MAGISTRATE JUDGE

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