McNeal v. Fleming, et al

Filing 251

AMENDED SUPPLEMENTAL PRETRIAL ORDER signed by Chief Judge Morrison C. England, Jr on 3/29/13: The deadline date given in the Pretrial Order for filing motions in limine is vacated. Any evidentiary or procedural motions (motions in limine) are to be filed by December 20, 2013. A jury trial is scheduled for January 13, 2014. The estimated length of trial is no more than three (3) days. (Kaminski, H)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 VERNON WAYNE McNEAL, 12 Plaintiff, 13 No. 2:02-cv-02524-MCE-JFM v. AMENDED SUPPLEMENTAL PRETRIAL ORDER 14 FLEMING, et al., 15 Defendants. ___________________________/ TRIAL DATE: January 13, 2014 TIME: 9:00 a.m. 16 17 The Court makes the following findings and orders which 18 supplements the Court’s Amended Pretrial Order of February 8, 19 2006 (“Pretrial Order”) and Order of April 27, 2007: 20 I. 21 The witnesses the parties intend to call are listed in the 22 WITNESSES Pretrial Order. 23 II. 24 The parties are ordered to follow the below guidelines when 25 EXHIBITS - SCHEDULES AND SUMMARIES filing their exhibits listed in the Pretrial Order. Plaintiff’s exhibits shall be listed numerically. 26 27 Defendants’ exhibits shall be listed alphabetically. 28 /// 1 1 The parties shall use the standard exhibit stickers provided by 2 the Court Clerk’s Office: 3 Defendants. 4 parenthesis (i.e., “AAAA(4)” to reduce confusion during the 5 trial. 6 fastened together and each page within the exhibit shall be 7 numbered. 8 list of exhibits shall not include excerpts of depositions which 9 may be used to impeach witnesses. 10 pink for Plaintiff and blue for After three letters, note the number of letters in All multi-page exhibits shall be stapled or otherwise All photographs shall be marked individually. The Each party may use an exhibit designated by the other. In 11 the event that Plaintiff and Defendants offer the same exhibit 12 during trial, that exhibit shall be referred to by the 13 designation the exhibit is first identified. 14 the parties to pay attention to this detail so that all 15 concerned, including the jury, will not be confused by one 16 exhibit being identified with both a number and a letter. 17 A. 18 The Court cautions unless: 19 No other exhibits will be permitted to be introduced (1) The party proffering the exhibit demonstrates that 20 the exhibit is for the purpose of rebutting evidence which could 21 not be reasonably anticipated at the pretrial conference, or 22 (2) The exhibit was discovered after the pretrial 23 conference and the proffering party makes the showing required in 24 paragraph “B”, below. 25 /// 26 /// 27 /// 28 /// 2 1 B. Upon the post-pretrial discovery of exhibits, the 2 parties shall promptly inform the Court and opposing party of the 3 existence of such exhibits so that the Court may consider at 4 trial their admissibility. 5 unless the proffering party demonstrates: 6 7 (1) The exhibits could not reasonably have been discovered earlier; 8 9 The exhibits will not be received (2) The Court and opposing parties were promptly informed of their existence; 10 (3) The proffering party forwarded a copy of the 11 exhibit(s) (if physically possible) to opposing parties. 12 exhibit(s) may not be copied, the proffering party must show that 13 the exhibit(s) were made reasonably available for inspection by 14 opposing party. 15 C. If the The parties are ordered to exchange copies of all their 16 exhibits and exhibit list by December 30, 2013. 17 directed to present the original and two (2) copies of the 18 exhibit(s) and exhibit list to the Court Clerk’s Office by 19 December 30, 2013. 20 D. Each party is NO EXCEPTIONS. If available to the party, the Court’s copies of the 21 exhibits shall be presented in a 3-ring binder(s) with a side tab 22 identifying each exhibit by number or letter. 23 be no larger than three inches in width and have an 24 identification label on the front and side panels. 25 III. 26 A. Each binder shall DISCOVERY DOCUMENTS Filing Depositions. It is the duty of the parties to 27 ensure that any deposition which is to be used at trial has been 28 lodged with the Clerk of the Court. 3 1 In addition, two unmarked copies of the transcripts must be 2 delivered to the Court Clerk’s Office. 3 that a failure to discharge this duty may result in the Court 4 precluding use of the deposition or imposition of such other 5 sanctions as the Court deems appropriate. 6 B. Use of Depositions. The parties are cautioned The parties are ordered to file 7 with the Court and exchange between themselves by December 30, 8 2013 a statement designating portions of depositions intended to 9 be offered or read into evidence (except for portions to be used 10 11 only for impeachment or rebuttal). C. Interrogatories. The parties are ordered to file with 12 the Court and exchange between themselves by December 30, 2013 13 the portions of Answers to Interrogatories which the respective 14 parties intend to offer or read into evidence at the trial 15 (except portions to be used only for impeachment or rebuttal). 16 IV. FURTHER DISCOVERY OR DISCOVERY MOTIONS 17 Pursuant to the Court’s Scheduling Order, all discovery and 18 law and motion was to have been completed. 19 to engage in informal agreements regarding discovery and law and 20 motion matters. 21 enforceable in this Court. The parties are free However, any such agreements will not be 22 V. AGREED STATEMENTS - JOINT STATEMENT OF CASE 23 It is mandatory the parties shall file a short, jointly- 24 prepared statement concerning the nature of this case that will 25 be read to the jury at the commencement of trial (NO EXCEPTIONS). 26 The joint statement of the case shall include in plain concise 27 language the claims of Plaintiff and claims of other parties, if 28 any, and the corresponding defenses to the claims. 4 1 The purpose of the joint statement of the case is to inform the 2 jury at the outset, what the case is about. 3 be filed with the Court by December 30, 2013. The statement must 4 VI. PROPOSED JURY INSTRUCTIONS, VOIR DIRE, VERDICT FORM 5 A. Jury Instructions 6 The deadline date given in the Pretrial Order for filing 7 jury instructions is vacated. The parties are directed to meet 8 and confer and to attempt to agree upon a joint set of jury 9 instructions. The parties shall use the Ninth Circuit Model Jury 10 Instructions and any revisions. 11 authority may only be used if a Ninth Circuit Model Jury 12 Instruction is unavailable. 13 the opening and closing instructions for your use. 14 of instructions must be filed by December 30, 2013 and shall be 15 identified as the “Jury Instructions Without Objection.” 16 Alternate instruction or Attached for the parties’ review are The joint set All instructions shall be, to the extent possible, concise, 17 understandable, and free from argument. See Local Rule 163(c). 18 Parties shall also note that any modifications of instructions 19 from statutory authority, case law or from any form of pattern 20 instructions must specifically state the modification by 21 underlining additions and bracketing deletions. 22 B. Verdict Form 23 The parties must file a joint verdict form(s) concurrently 24 with proposed jury instructions by December 30, 2013. If necessary, 25 a special verdict or interrogatories shall be included for all 26 factual disputes submitted to the jury that must be resolved 27 before questions of law can be decided, and for any other issue 28 on which specific responses are desired. 5 See Local Rule 163(e). 1 C. Voir Dire 2 The parties shall submit proposed voir dire questions to the 3 Court. 4 prospective jurors. 5 will permit each side up to ten (10) minutes to conduct voir dire, 6 if desired. 7 filing voir dire questions is vacated. 8 shall be filed with the Court by December 30, 2013. 9 The Court reserves the right to conduct all examination of D. Notwithstanding this reservation, the Court The deadline date given in the Pretrial Order for The voir dire questions Submission of Documents to the Court At the time of filing their respective proposed jury 10 11 instructions, verdict form(s), and voir dire questions, the 12 parties shall also electronically mail to the Court in digital 13 format and compatible with Microsoft Word or WordPerfect, the 14 proposed jury instructions and verdict form(s). 15 should be sent to mceorders@caed.uscourts.gov. These documents 16 VII. AUDIO/VISUAL EQUIPMENT 17 The parties are required to file electronically a joint 18 request to the Courtroom Deputy Clerk, Stephanie Deutsch, by 19 December 20, 2013 if they wish to reserve and arrange for 20 orientation with all parties on the Court’s mobile audio/visual 21 equipment for presentation of evidence. 22 and time for such orientation. There will be one date 23 VIII. TRIAL BRIEFS 24 The parties shall file trial briefs not later than 25 December 30, 2013. The parties are directed to Local Rule 285 26 regarding the content of trial briefs. 27 /// 28 /// 6 1 IX. EVIDENTIARY AND/OR PROCEDURAL MOTIONS 2 The deadline date given in the Pretrial Order for filing 3 motions in limine is vacated. Any evidentiary or procedural 4 motions (“motions in limine”) are to be filed by December 20, 5 2013. 6 reply must be filed by January 6, 2014. 7 heard by the Court on the first day of trial. Oppositions must be filed by December 30, 2013 and any The motions will be 8 X. 9 A jury trial is scheduled for January 13, 2014. 10 estimated length of trial is no more than three (3) days. 11 trial will consist of seven (7) jurors. 12 Stephanie Deutsch, Courtroom Deputy Clerk, at 13 mceorders@caed.uscourts.gov, or call at (916) 930-4207, by 14 December 30, 2013 to ascertain the status of the trial date. 15 DATE AND LENGTH OF TRIAL The The Counsel are to email The Court will permit each side up to one (1) hour for 16 closing arguments. 17 for rebuttal purposes but will be required to monitor any time so 18 reserved. 19 Plaintiff will be permitted to reserve time IT IS SO ORDERED. 20 Date: March 29, 2013 21 22 23 _____________________________________________ MORRISON C. ENGLAND, JR., CHIEF JUDGE UNITED STATES DISTRICT JUDGE 24 25 26 27 28 7

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?