Durand et al v. Stephenson et al

Filing 62

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/28/12: November 16, 2010 order sanctioning plaintiffs in the amount of $10,056.20 is vacated 51 . Defendant may file a response to plaintiff's motion for relief no later than August 6, 2012. Final Pretrial Conference set for 11/16/2012 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 1/14/2013 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWIN DURAND, et al.,

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Plaintiffs,

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No. CIV S-09-2038 JAM CKD PS

vs.
CANDICE STEPHENSON, et al.,

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Defendants.

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ORDER
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By mandate filed June 15, 2012, the judgment of the United States Court of

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Appeals for the Ninth Circuit took effect and this action was remanded for further proceedings.

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Upon review of the docket and good cause appearing, IT IS HEREBY ORDERED that:

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1. In light of the supplemental evidence submitted by plaintiffs in connection

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with the sanctions order, the November 16, 2010 order sanctioning plaintiffs in the amount of

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$10,056.20 (dkt. no. 51) is vacated. Defendant may file a response to plaintiff’s motion for relief

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(dkt. no. 52) no later than August 6, 2012. The undersigned shall thereafter reconsider the issue

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of sanctions.

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2. The Final Pretrial Conference is set in courtroom no. 6 before the Honorable

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John A. Mendez on November 16, 2012 at 10:00 a.m.

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The parties are to be fully prepared for trial at the time of the Pretrial Conference,

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with no matters remaining to be accomplished except production of witnesses for oral testimony.

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The parties are referred to Local Rules 281 and 282 relating to the contents of and time for filing

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Pretrial Statements. A FAILURE TO COMPLY WITH LOCAL RULES 281 AND 282 WILL

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BE GROUNDS FOR SANCTIONS.

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Notwithstanding the provisions of Local Rule 281, which contemplates the filing

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of separate Pretrial Statements by plaintiffs and defendants, 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. The

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

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parties should identify those facts which are relevant to each separate cause of action. In this

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regard, the parties are to number each individual fact or factual issue. Where the parties are

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unable to agree as to what factual issues are properly before the court for trial, they should

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nevertheless list in the section on “DISPUTED FACTUAL ISSUES” all issues asserted by any of

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the parties and explain by parenthetical the controversy concerning each issue. The parties

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should keep in mind that, in general, each fact should relate or correspond to an element of the

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relevant cause of action. The parties should also keep in mind that the purpose of listing the

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disputed factual issues is to apprise the court and all parties about the precise issues that will be

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litigated at trial. The court is not interested in a listing of all evidentiary facts underlying the

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issues that are in dispute.1 The joint statement of undisputed facts and disputed factual issues is

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to be filed with the court concurrently with the filing of plaintiff’s Pretrial Statement. If the case

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is tried to a jury, the undisputed facts will be read to the jury.

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

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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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However, with respect to the listing of undisputed facts, the court will accept
agreements as to evidentiary facts.
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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; defendant’s exhibits shall be listed alphabetically.

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The Pretrial Order will contain a stringent standard for the proffering of witnesses and exhibits at

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trial not listed in the Pretrial Order. Counsel are cautioned that the standard will be strictly

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applied. On the other hand, the listing of exhibits or witnesses which counsel do not intend to

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call or use will be viewed as an abuse of the court’s processes.

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The parties are also reminded that, pursuant to Fed. R. Civ. P. 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 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. The parties 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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3. Trial is set for January 14, 2013 at 9:00 a.m. in courtroom no. 6 before the

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Honorable John A. Mendez. Trial will be by jury. The court expects the trial will take

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approximately four days.

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Dated: June 28, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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