Munson v. State of California

Filing 62

ORDER signed by Magistrate Judge Edmund F. Brennan on 05/07/13 ( Final Pretrial Conference set for 7/3/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan.) The parties shall file a joint pretrial statement not later than 14 days prior to the pretrial conference. (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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KENNETH MUNSON,

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Plaintiff,

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No. 2:09-cv-0478 JAM EFB P

vs.
STATE OF CALIFORNIA,

ORDER DIRECTING THE FILING OF
PRETRIAL STATEMENTS AND SETTING
FINAL PRETRIAL CONFERENCE

Defendant.
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Plaintiff is a former state prisoner proceeding with counsel in an action brought under the

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Americans with Disabilities Act and the Rehabilitation Act. A final pretrial conference is set

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before the undersigned on July 3, 2013 at 10:00 a.m. in Courtroom No. 8. Counsel are cautioned

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that counsel appearing for pretrial will in fact try the matter. Counsel for all parties are to be

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fully prepared for trial at the time of the pretrial conference, with no matters remaining to be

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accomplished except production of witnesses for oral testimony. Counsel are referred to Local

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Rules 281 and 282 relating to pretrial statements and conferences. A FAILURE TO COMPLY

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WITH LOCAL RULES 281 AND 282 WILL BE GROUNDS FOR SANCTIONS.

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The parties shall file a joint pretrial statement not later than fourteen days prior to the

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pretrial conference. The joint pretrial statement shall conform with the requirements of Local

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Rule 281(b). 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. The parties should keep in mind that, in general, each fact should relate

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or correspond to an element of the relevant cause of action. The parties should also keep in mind

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that the purpose of listing the disputed factual issues is to apprise the court and all parties about

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the precise issues that will be litigated at trial. The court is not interested in a listing of all

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evidentiary facts underlying the issues that are in dispute.

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Pursuant to Local Rule 281(b), the parties are required to provide in their pretrial

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statement a list of witnesses and exhibits that they propose to proffer at trial, no matter for what

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purpose. These lists shall not be contained in the pretrial statement itself, but shall be attached as

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separate documents to be used as addenda to the final pretrial order. Plaintiff’s exhibits shall be

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listed numerically; defendant’s exhibits shall be listed alphabetically.

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Counsel are reminded that, pursuant to Federal Rule of Civil Procedure 16, it will be their

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duty at the pretrial conference to aid the court in (a) formulation and simplification of issues and

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

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admitted; and (c) avoidance of unnecessary proof and cumulative evidence. The parties must

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prepare their joint pretrial statement, 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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So ordered.
DATED: May 7, 2013.

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