Scott v. Keller

Filing 183

ORDER REGARDING TRIAL signed by District Judge Kent J. Dawson on 12/2/15. (Dillon, M)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 MAURICE SCOTT Plaintiff, 10 11 vs. 12 13 14 KELLER ET AL., Defendant 15 ) ) ) ) ) ) ) ) ) ) ) ) ) ) 2:07-CV-0184-KJD-PAL JUDGE KENT J. DAWSON’S ORDER REGARDING TRIAL 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Attached hereto is a list of cases that are presently scheduled for trial before the Honorable Kent J. Dawson, United States District Judge at Sacramento, California, commencing on MONDAY, DECEMBER 14, 2015 at 9:00 a.m. in Courtroom 4. 2. Counsel for all parties in the civil and criminal cases shall appear in Courtroom 4A on TUESDAY, DECEMBER 8, 2015 at 9:00 a.m. for Calendar Call. Unless a party in a civil case or a defendant in a criminal case is appearing pro se, the individual parties in civil cases and the defendants in criminal cases will not be required to appear for Calendar Call unless the Court directs otherwise. 3. Counsel or their clients will be excused from Calendar Call if, prior to the scheduled calendar call, settlement papers have been filed in a civil case or a defendant’s plea of guilty or nolo contendere has been accepted in a criminal case. 1 4. At the Calendar Call, all cases that remain to be tried will be ranked in order of trial. 2 Thereafter, the Court will not grant a continuance to any party absent a showing of good 3 cause. Unless the Court otherwise directs, the cases will be tried one after the other on 4 TWENTY-FOUR (24) HOURS’ NOTICE from the Courtroom Administrator. 5 5. CHANGE OF PLEA HEARINGS. Changes of Plea will be taken at Calendar Call 6 unless alternate arrangements are made with the Courtroom Administrator prior to the week 7 of Calendar Call. It shall be the responsibility of counsel for the United States and for 8 Defendant(s) to ensure that the original or a copy of the plea agreement is provided to the 9 Courtroom Administrator no later than the preceding Thursday. If a copy is provided, the 10 original must be presented to the Courtroom Administrator prior to the commencement of the 11 Calendar Call. 12 6. STATUS HEARINGS. The Court may conduct a status conference prior to the 13 scheduled Calendar Call. If the Court is satisfied during the status conference that the case 14 is ready for trial, the Court may vacate the Calendar Call. 15 7. WITNESSES. Counsel shall immediately subpoena all witnesses for the time and 16 trial date as listed above. Inasmuch as the cases will be tried in a trailing fashion, the 17 subpoenas should contain a special instruction from counsel directing witnesses to contact the 18 office of counsel for further instructions prior to appearing for trial. Witnesses are not 19 required to be present at the Calendar Call, but must appear as subpoenaed. 20 8. EXHIBITS. At least three (3) court days prior to trial counsel shall supply the 21 Courtroom Administrator with the original and one copy of a complete exhibit list of all exhibits 22 that are intended to be used during the trial. At the same time, counsel shall serve upon 23 opposing counsel a copy of the same. Plaintiffs shall use numerals 1 through 499 and 24 defendants shall use numerals 500 through 999. If the total exhibits per side exceed 15, the 25 exhibits are to be placed in 3-ring binders with numbered dividers. The exhibits are to be listed 26 on the form provided by the Clerk’s Office or obtained from the Court’s website 27 . The form may be computer-generated but must conform to the 28 requirements of the Court’s form. Counsel shall retain possession of their exhibits until such 1 time as they are identified in open court; thereafter, the exhibits shall remain in the custody of 2 the Courtroom Administrator unless otherwise ordered. 3 9. MARKING EXHIBITS. During preparations for trial, counsel for all parties shall meet, 4 confer, pre-mark and exchange all trial exhibits. At least three (3) court days in advance of 5 trial, counsel in civil cases shall notify the Courtroom Administrator that the exhibits have been 6 pre-marked. 7 10. EVIDENCE DISPLAY EQUIPMENT. Counsel wishing to utilize the Court’s 8 evidence display equipment must contact the Courtroom Administrator to determine its 9 availability and arrange for training. Counsel wishing to utilize their laptops, video recordings, 10 et cetera, must contact the Courtroom Administrator to arrange a time and date prior to trial 11 to test these to ensure they are compatible with the Court’s systems/equipment. 12 13 11. TRIAL BRIEFS. Trial briefs, if any, shall be electronically filed at least three (3) Court days prior to the commencement of trial. 14 12. PROPOSED VOIR DIRE QUESTIONS. All proposed voir dire questions which 15 Counsel request the Court to pose to prospective jurors at the time of jury selection shall be 16 filed electronically at least three (3) Court days prior to the commencement of trial. 17 13. JURY INSTRUCTIONS. Counsel are to comply with the Order Regarding Pretrial 18 Procedure in a Criminal Case or the Joint Pretrial Order in a civil case. At least five (5) days 19 prior to commencement of a criminal trial, or two (2) weeks prior to the commencement of the 20 trial of a civil case, Counsel or parties appearing pro se are required to meet and confer to 21 submit a set of agreed-upon jury instructions to the Court. At least three (3) Court days prior 22 to the commencement of a trial, counsel are to electronically file the original set of 23 mutually acceptable jury instructions and a set of disputed instructions and submit 24 same to chambers (in WordPerfect format) on disc. 25 14. TRIAL JUDGE. Although the cases that are listed on the attached trial calendar 26 are assigned to Judge Dawson, the cases may proceed to trial before another Nevada District 27 Judge or a visiting District Judge. 28 1 15. CONSENT TO PROCEED BEFORE A MAGISTRATE JUDGE. Counsel and 2 parties in civil actions are reminded of their right to consent to disposition before a United 3 States Magistrate Judge pursuant to Title 28 USC § 636(c)(2). The right to proceed before a 4 Magistrate Judge in a civil case includes those cases that will be tried before a jury as well as 5 those cases to be tried before the Court sitting without a jury. Any appeal from a judgment in 6 a proceeding before a Magistrate Judge shall be taken directly to the United States Court of 7 Appeals. The option to proceed before a Magistrate Judge is available to the parties at the 8 time an action is commenced. The Court may refuse to approve a consent if it appears to be 9 motivated by an effort to delay the proceeding. 10 16. SANCTIONS. As provided for under the Local Rules of Practice of this court, the 11 Court will consider the imposition of sanctions against any attorney who: (1) fails to timely file 12 trial briefs, suggested voir dire questions and proposed jury instructions or proposed findings 13 of fact and conclusions of law, whichever is applicable, as prescribed by the Pretrial Order, 14 Order Regarding Pretrial Procedure, Scheduling Order or any order extending the time for 15 such filings; (2) fails to comply with the provision of this order including, but not limited to, the 16 failure to appear for calendar call without first having been excused by the court or the 17 Courtroom Administrator with the permission of the Court; or (3) fails to timely comply with any 18 other order that schedules deadlines for trial preparation. 19 17. CONTACT PERSON. All questions and information regarding the trial calendar are 20 to be directed to DENISE SAAVEDRA, Courtroom Administrator, at 702-464-5467 or 21 22 18. The date of the Clerk’s File Mark shall constitute the date of this order. 23 24 IT IS SO ORDERED. 25 26 /s/ KENT J. DAWSON 27 UNITED STATES DISTRICT JUDGE 28 TRIAL CALENDAR OF THE HONORABLE KENT J. DAWSON, UNITED STATES DISTRICT JUDGE, AT LAS VEGAS, NEVADA, COMMENCING ON MONDAY, DECEMBER 14, 2015 AT 9:00 A.M., WITH CALENDAR CALL SET FOR TUESDAY, DECEMBER 8, 2015 AT 9:00 A.M., COURTROOM 4A. 1. 2:14-cr-0348-KJD-PAL Jury Trial (Estimated Day) For Plaintiff: Amber Craig, AUSA 702-388-6336 Day) For Plaintiff: Kathryn Newman, AUSA 702-388-6336 3. 2:15-cr-0284-KJD-PAL Jury Trial (Estimated For Plaintiff: Phillip Smith, AUSA 702-388-6336 CUSTODY 5-Count Criminal Indictment: 21 USC § 841(a)(1) and (b)(1)(B)(viii) 21 USC § 841(a)(1) and (b)(1)( C) 18 USC § 922(g)(5)(A) and 924(a)(2) 21 USC § 841(a)(1) and (b)(1)( C) and 18 USC § 924( c) For Defendant: Paul Riddle, AFPD 702-388-6577 2. 2:15-cr-0019-KJD-GWF Jury Trial (Estimated UNITED STATES OF AMERICA vs. OSCAR GONZALEZ-SAMANIEGO Day) UNITED STATES OF AMERICA vs. LAFAYETTE G. BAIDA, II BOND 1-Count Criminal Indictment: 18 USC § 641 For Defendant: Monique Kirtley, AFPD 702-388-6577 UNITED STATES OF AMERICA vs. GRAHAM THOMAS WILSON 1-Count Criminal Indictment: 18 USC § 922(g)(1) and 924(a)(2) For Defendant: Heidi Ojeda, AFPD 702-388-6577 CUSTODY TRIAL CALENDAR DECEMBER 14, 2015 PAGE 2 CIVIL 4. 07-cv-184-KJD MAURICE SCOTT vs. MTA KELLER ET AL., Jury Trial (Estimated Day) Civil Complaint: Civil Rights For Plaintiff: Maurice Scott, Pro Se For Defendant: Jaime Michelle Ganson 916-324-6421 Martha Ehlenbach 916-324-7553 Christian Barrett Green 916-857-2431 *Note: Counsel are directed to call the Meet-Me-Line at 702-868-4915, conference code:123456, no later than five (5) minutes prior to the start of the proceeding. Counsel is advised the use of mobile or speaker phone is prohibited.

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