Nelson et al v. Butte County Sheriff's Dept., et al

Filing 80

ORDER DIRECTING THE FILING OF PRETRIAL STATEMENTS signed by Magistrate Judge Edmund F. Brennan on 4/26/12. The parties shall file a joint pretrial statement not later than 14 days prior to the pretrial conference (see order for further details).(Dillon, 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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DONALD NELSON, et al.,
Plaintiffs,

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No. CIV S-09-2776 JAM EFB P

vs.
BUTTE COUNTY SHERIFF’S
DEPARTMENT, et al.,

ORDER DIRECTING THE FILING OF
PRETRIAL STATEMENTS

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Defendants.
/
Plaintiffs are prisoners proceeding with counsel in an action brought under 42 U.S.C.

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§ 1983. A final pretrial conference is set before the undersigned on Wednesday June 20, 2012,

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at 11:00 a.m., in Courtroom No. 24. Counsel are cautioned that counsel appearing for pretrial

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will in fact try the matter. Counsel for all parties are to be fully prepared for trial at the time of

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the pretrial conference, with no matters remaining to be accomplished except production of

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witnesses for oral testimony. Counsel are referred to Local Rules 281 and 282 relating to pretrial

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statements and conferences. A FAILURE TO COMPLY WITH LOCAL RULES 281 AND 282

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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.

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DATED: April 26, 2012.

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