Scott v. Keller

Filing 159

ORDER signed by District Judge Kent J. Dawson on 2/12/15. The parties shall file a proposed Joint Pre-Trial Order no later than 3/16/15. (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAURICE SCOTT,

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Plaintiff,

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v.

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Case No. 2:07-CV-00184-KJD-PAL

KELLER, et al.,

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ORDER

Defendants.

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Presently before the Court is Plaintiff’s Response to the Order to Show Cause and Request

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for Trial Scheduling Order (#154). Accordingly, it is hereby ordered that the parties file a proposed

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Joint Pre-Trial Order in the format attached to this order. The proposed Joint Pre-Trial Order shall

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be filed no later than March 16, 2015.

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IT IS SO ORDERED.

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DATED this ______ day of February 2015.
12th

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_____________________________
Kent J. Dawson
United States District Judge

ATTACHMENT
FORM OF PROPOSED JOINT
PRE-TRIAL ORDER

UNITED STATES DISTRICT
COURT EASTERN DISTRICT OF
CALIFORNIA
_________________________,
Plaintiff ,

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vs.
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_________________________,
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Defendant.
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________________________________ )

CASE NO. ______________________

PRETRIAL ORDER

Following pretrial proceedings in this cause,
IT IS ORDERED:
I.
This is an action for: (State nature of action, relief sought, identification and contentions of parties.)

II.
Statement of jurisdiction: (State the facts and cite the statutes which give this Court jurisdiction of the
Case.)

III.
The following facts are admitted by the parties and require no proof:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
IV.
The following facts, though not admitted, will not be contested at trial by evidence to the contrary:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
V.

The following are the issues of fact to be tried and determined upon trial. 1 (Each issue of fact must be
stated separately and in specific terms.)
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
VI.
The following are the issues of law to be to be tried and determined upon trial. 2 (Each issue of law must
be stated separately and in specific terms.)
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
(a)

The following exhibits are stipulated into evidence in this case and may be so marked by
the Clerk:
(1)
(2)

(b)

Plaintiff’s exhibits.
Defendant’s exhibits.

As to the following additional exhibits the parties have reached the stipulations stated:
(1)
(2)

(c)

Set forth stipulations as to plaintiff’s exhibits.
Set forth stipulations as to defendant’s exhibits.

As to the following exhibits, the party against whom the same will be offered objects to
their admission upon the grounds stated:
(1)
(2)

(d)

Set forth objections to plaintiff’s exhibits.
Set forth objections to defendant’s exhibits.

Depositions:
(1)

(2)

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Plaintiff will offer the following depositions: (Indicate name of deponent and
identify portions to be offered by pages and lines and the party or parties
against whom offered.)
Defendant will offer the following depositions: (Indicate name of deponent and
identify portions to be offered by pages and lines and the party or parties
against who offered.)

Should counsel be unable to agree upon the statement of issues of fact, the joint pretrial order should include
separate statements of issues of fact to be tried and determined upon trial.
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Should counsel be unable to agree upon the statement of issues of law, the joint pretrial order should include
separate statements of issues of law to be tried and determined upon trial.

(e)

Objections to Depositions:

(1)
Defendant objects to plaintiff’s deposition as follows:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
(2)
Plaintiff objects to defendant’s depositions as follows:
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
VIII.
The following witnesses may be called by the parties upon trial:
(a)

State names and addresses of plaintiff’s witnesses.

(b)

State names and addresses of defendant’s witnesses.
IX.

Counsel have met and herewith submit a list of three (3) agreed-upon trial dates:
____________________

____________________

__________________

It is expressly understood by the undersigned that the Court will set the trial of this matter on one (1) of
the agreed-upon dates if possible; if not, the trial will be set at the convenience of the Court’s calendar.
X.
It is estimated that the trial herein will take a total of ______ days.
APPROVED AS TO FORM AND CONTENT:
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Attorney for Plaintiff
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Attorney for Defendant
XI.
ACTION BY THE COURT
(a)

This case is set down for Court/jury trial on the fixed/stacked calendar on ___________.
Calendar call shall be held on _______________________________________________.

(b)

An original and two (2) copies of each trial brief shall be submitted to the Clerk on or
before_________ ________________________________________________________.

(c)

Jury trials:
(1)

(2)

(d)

An original and two (2) copies of all instructions requested by either party shall
be submitted to the Clerk for filing on or before _________________________.
An original and two (2) copies of all suggested questions of the parties to be
asked of the jury panel by the Court on voir dire shall be submitted to the Clerk
for filing on or before _______________________________________________.

Court trials:
Proposed findings of fact and conclusions of law shall be filed on or before __________.

The foregoing pretrial order has been approved by the parties to this action as evidenced by the
signatures of their counsel hereon, and the order is hereby entered and will govern the trial of this case.
This order shall not be amended except by order of the Court pursuant to agreement of the parties or to
prevent manifest injustice.
DATED: _________.
____________________________
UNITED STATES DISTRICT JUDGE or
UNITED STATES MAGISTRATE JUDGE