Wilson v. Nesbeth et al

Filing 87

TRIAL CONFIRMATION ORDER signed by Judge Kimberly J. Mueller on 3/15/12: No later than May 28, 2012, the parties shall file trial briefs and a statement of the case with the court. The parties shall file with the court motions in limine, if any, no later than May 14, 2012. Any motions related to exhibits should be filed no later than May 28, 2012. (Kaminski, H)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 DAVID W. WILSON, NO. CIV. S-06-1139 KJM-GGH Plaintiff, 11 12 v. TRIAL CONFIRMATION ORDER 13 W.C. NESBETH, et al., Defendants. 14 15 ____________________________________/ 16 The trial in the above-captioned case, scheduled to commence on June 18, 2012 at 1:30 17 p.m., was confirmed at the hearing held on March 1, 2012. In preparation for the upcoming trial, 18 the court hereby ORDERS: 19 I. TRIAL BRIEFS AND STATEMENT OF THE CASE 20 No later than May 28, 2012, the parties shall file trial briefs and a statement of the case 21 with the court. In their trial briefs, the parties shall include a summary of points of law, 22 including reasonably anticipated disputes concerning admissibility of evidence, legal arguments, 23 any other information the parties believe is relevant, and citations of authority in support thereof. 24 In lieu of a statement of the case, the parties may file a joint proposed jury instruction that can be 25 read to the jury in advance of voir dire that explains the nature of the case. 26 II. PROPOSED VOIR DIRE, JURY INSTRUCTIONS AND VERDICT FORM 27 The parties are informed that the court will prepare a standard set of standard jury 28 instructions and voir dire questions. The parties shall file proposed voir dire, proposed jury 1 instructions and proposed verdict form, if any, not later than fourteen days before the date set for 2 trial. Defendant shall also submit a sanitized copy in either WordPerfect (strongly preferred) or 3 Microsoft Word format via email to: kjmorders@caed.uscourts.gov. Plaintiff may submit 4 proposed voir dire, proposed jury instructions and proposed verdict form by mail. 5 III. MOTIONS IN LIMINE 6 The parties shall file with the court motions in limine, if any, no later than May 14, 7 2012.1 Each motion shall contain a plain, concise summary of any reasonably anticipated 8 disputes concerning admissibility of evidence, including but not limited to live and deposition 9 testimony, physical and demonstrative evidence and the use of special technology at trial, 10 including computer animation, video discs, and other technology. Any opposition briefs to the 11 motions in limine shall be filed no later than May 28, 2012. The motions in limine shall be heard 12 on the first day of trial. 13 IV. ACCESS TO LEGAL MATERIALS 14 At the trial confirmation hearing, defendant voiced concerns regarding his access to legal 15 materials necessary for trial. If plaintiff wishes to renew or initiate a motion based on access to 16 legal materials, such motion must be filed no later than April 16, 2012. 17 V. EXHIBIT LIST AND WITNESS LIST 18 The parties were ordered to meet and confer following the trial confirmation hearing to 19 discuss the numbering of exhibits as well as to exchange exhibits. Any motions related to 20 exhibits should be filed no later than May 28, 2012. 21 IT IS SO ORDERED. 22 DATED: March 15, 2012. 23 UNITED STATES DISTRICT JUDGE 24 25 26 27 28 1 The parties are required to meet and confer about such disputes before filing a motion to determine if agreement can be reached. 2

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