Chess v. Dovey et al

Filing 125

ORDER signed by Magistrate Judge Dale A. Drozd on 12/07/11 ordering ( Pretrial Conference set for 1/30/2012 at 03:00 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Jury Trial set for 4/24/2012 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton.)(See order for further details) (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL CHESS,

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Plaintiff,

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vs.

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No. CIV S-07-1767 LKK DAD P

J. DOVEY, et al.,

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Defendants.

ORDER
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Plaintiff is a state prisoner proceeding through counsel with an action under 42

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U.S.C. § 1983. This case was referred to U.S. Magistrate Judge Gregory G. Hollows to conduct

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a settlement conference on October 25, 2011, at 9:00 a.m. Magistrate Judge Hollows has

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notified the court that the case did not settle at that time.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Pretrial Conference is set in this case for January 30, 2012, at 3:00 p.m. in

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Courtroom 4 before the Honorable Lawrence K. Karlton. The Pretrial Conference will not

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require the attendance of the plaintiff-prisoner. All counsel are cautioned that counsel appearing

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for Pretrial Conference will in fact try the matter. Counsel for all parties are to be fully prepared

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for trial at the time of the Pretrial Conference, with no matters remaining to be accomplished

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except production of witnesses for oral testimony. Counsel are referred to Local Rules 280 and
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281 relating to the contents of and time for filing Pretrial Statements. In addition to those

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subjects listed in Local Rule 281(b), the parties are to provide the court with a plain, concise

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statement which identifies every non-discovery motion tendered to the court, and its resolution.

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A FAILURE TO COMPLY WITH LOCAL RULES 280 AND 281 WILL BE GROUNDS FOR

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SANCTIONS.

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2. The parties shall file Separate Pretrial Statements, the contents and timing of

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which are set forth in Local Rule 281, except that the parties are to prepare a JOINT

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STATEMENT with respect to the undisputed facts and disputed factual issues of the case. See

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Local Rule 281(b)(3), (4), and (6). The parties are reminded to include in their joint statement all

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disputed and undisputed special factual information as required by Local Rule 281(b)(6). The

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undisputed facts and disputed factual issues are to be set forth in two separate sections. In each

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section, the parties should identify first the general facts relevant to all causes of action. After

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identifying the general facts, the parties should then identify those facts which are relevant to

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each separate cause of action. In this regard, the parties are to number each individual fact or

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factual issue. Where the parties are unable to agree as to what factual issues are properly before

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the court for trial, they should nevertheless list in the section on “DISPUTED FACTUAL

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ISSUES” all issues asserted by any of the parties and explain by parenthetical the controversy

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concerning each issue. Each individual disputed fact or factual issue shall include the following

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introductory language: “Whether or not . . . .” The parties should keep in mind that, in general,

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each fact should relate or correspond to an element of the relevant cause of action.

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Notwithstanding the provisions of Local Rule 281, the Joint Statement of Undisputed Facts and

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Disputed Factual Issues is to be filed with the court concurrently with the filing of plaintiff's

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Pretrial Statement. If the case is tried to a jury, the undisputed facts will be read to the jury.

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3. Pursuant to Local Rule 281(b)(10) and (11), the parties are required to provide

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in their Pretrial Statements a list of witnesses and exhibits that they propose to proffer at trial, no

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matter for what purpose. These lists shall not be contained in the Pretrial Statement itself, but
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shall be attached as separate documents to be used as addenda to the Final Pretrial Order.

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Plaintiff's exhibits shall be listed NUMERICALLY; defendants’ exhibits shall be listed

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ALPHABETICALLY. In the event that the alphabet is exhausted, defendants’ exhibits shall be

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marked “2A-2Z, 3A-3Z, etc.” The Pretrial Order will contain a stringent standard for the

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proffering of witnesses and exhibits at trial not listed in the Pretrial Order. Counsel are cautioned

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that the standard will be strictly applied. On the other hand, the listing of exhibits or witnesses

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which counsel do not intend to call or use will be viewed as an abuse of the court's processes.

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4. Pursuant to Local Rule 281(b)(12), a party is required to provide a list of all

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answers to interrogatories and responses to requests for admission that the party expects to offer

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at trial. This list should include only those documents or portions thereof which the party expects

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to offer in its case-in-chief. Unless otherwise barred by a rule of evidence or order of this court,

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the parties remain free to tender appropriate discovery documents during trial for such purposes

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as, but not limited to, impeachment or memory refreshment.

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5. Pursuant to Local Rule 281(b)(8), the parties’ Pretrial Statements shall contain

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a “statement of legal theory, etc.” Each party shall commence this section by specifying as to

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each claim whether federal or state law governs, and if state law, the state whose law is

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applicable.

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6. Counsel are reminded that, pursuant to Fed. R. Civ. P. 16, it will be their duty

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at the Pretrial Conference to aid the court in (a) formulation and simplification of issues and the

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elimination of frivolous claims or defenses; (b) settling of facts which should be properly

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admitted; and (c) the avoidance of unnecessary proof and cumulative evidence. Counsel must

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prepare their Pretrial Statements, and participate in good faith at the Pretrial Conference, with

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these aims in mind. A FAILURE TO DO SO MAY RESULT IN THE IMPOSITION of

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SANCTIONS which may include monetary sanctions, orders precluding proof, eliminations of

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claims or defenses, or such other sanctions as the court deems appropriate.

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/////
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7. This matter is set for jury trial before the Honorable Lawrence K. Karlton on

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April 24, 2012, at 10:30 a.m. in Courtroom 4.

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DATED: December 7, 2011.

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DAD:9
ches1767.41aty

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