Ortiz v. Reynolds et al
Filing
156
SUPPLEMENTAL PRETRIAL SCHEDULING ORDER signed by District Judge Morrison C. England, Jr on 12/1/16 ORDERING that within 14 calendar days from the date of this Order, the parties are directed to contact Sujean Park, ADR and Pro Bono Director, for t he scheduling of a Settlement Conference. The parties shall file, not later than 3/6/17, a Joint Final Pretrial Conference Statement. The parties shall file Trial Briefs not later than 3/6/17. Any evidentiary or procedural Motions are to be fil ed by 3/6/17. Oppositions must be filed by 3/20/17, and any reply must be filed by 4/3/17. The motions will be heard by the Court at the same time as the Final Pretrial Conference. A Jury Trial is set on 4/17/17, at 9:00 a.m., in courtroom 7. (Becknal, R)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
JOSE B. ORTIZ,
12
13
14
15
No. 2:10-cv-01380-MCE-EFB
Plaintiff,
v.
R. MIRANDA, ET AL.,
SUPPLEMENTAL PRETRIAL
SCHEDULING ORDER
Defendants.
16
17
18
After review of the parties’ Joint Trial Readiness Statement, the Court makes the
following Supplemental Pretrial Scheduling Order.
19
Within fourteen (14) calendar days from the date of this Order, the parties are
20
directed to contact Sujean Park, ADR and Pro Bono Director, for the scheduling of a
21
settlement conference.
22
The parties are instructed to have a principal with full settlement authority present
23
at the Settlement Conference or to be fully authorized to settle the matter on any terms.
24
At least seven (7) calendar days before the settlement conference, each party shall
25
submit to the chambers of the settlement judge a confidential Settlement Conference
26
Statement. Such statements are neither to be filed with the Clerk nor served on the
27
opposing party. Each party, however, shall serve notice on all other parties that the
28
statement has been submitted.
1
1
I.
2
FINAL PRETRIAL CONFERENCE STATEMENT
The parties shall file, not later than March 6, 2017, a Joint Final Pretrial
3
Conference Statement. The provisions of Local Rule 281 shall apply with respect to the
4
matters to be included in the Joint Final Pretrial Conference Statement. In addition to
5
those subjects listed in Local Rule 281(b), the parties are to provide the Court with a
6
plain, concise statement that identifies every non-discovery motion tendered to the Court
7
and its resolution. Failure to comply with Local Rule 281, as modified by this
8
Supplemental Pretrial Scheduling Order, may be grounds for sanctions.
9
At the time of filing the Joint Final Pretrial Conference Statement, defense counsel
10
shall also electronically mail to the Court in digital format compatible with Microsoft
11
Word, the Joint Final Pretrial Statement in its entirety including the witness and exhibit
12
lists. These documents shall be sent to mceorders@caed.uscourts.gov.
The parties should identify first the core undisputed facts relevant to all claims.
13
14
The parties should then, in a concise manner, identify those undisputed core facts that
15
are relevant to each claim. The disputed facts should be identified in the same manner.
16
Where the parties are unable to agree as to what disputed facts are properly before the
17
Court for trial, they should nevertheless list all disputed facts asserted by each party.
18
Each disputed fact or undisputed fact should be separately numbered or lettered.
19
20
Each party shall identify and concisely list each disputed evidentiary issue which
will be the subject of a motion in limine.
21
Each party shall identify the points of law which concisely describe the legal
22
issues of the trial which will be discussed in the parties’ respective trial briefs. Points of
23
law should reflect issues derived from the core undisputed and disputed facts. Parties
24
shall not include argument or authorities with any point of law.
25
Each party shall confirm the number of court days required to submit the case to
26
the jury. The parties shall further confirm how many court days they will each require to
27
present their cases, inclusive of opening statements and closing arguments.
28
///
2
1
Plaintiff estimate shall also include the time necessary for jury selection, and Defendant
2
estimate shall include the time necessary to finalize jury instructions and to instruct the
3
jury. If the parties later submit a revised trial length estimate, the Court will attempt to
4
accommodate them, but, due to its impacted docket, cannot guarantee that it will be able
5
to do so.
6
The parties are reminded that pursuant to Local Rule 281 they are required to list
7
in the Joint Final Pretrial Conference Statement all witnesses and exhibits they propose
8
to offer at trial. After the name of each witness, each party shall provide a brief
9
statement of the nature of the testimony to be proffered. The parties may file a joint list
10
or each party may file separate lists. These list(s) shall not be contained in the body of
11
the Joint Final Pretrial Conference Statement itself, but shall be attached as separate
12
documents to be used as addenda to the Final Pretrial Order.
13
Plaintiff's exhibits shall be listed numerically. Defendants' exhibits shall be listed
14
alphabetically. The parties shall use the standard exhibit stickers provided by the Court
15
Clerk’s Office: pink for plaintiff and blue for defendants. In the event that the alphabet is
16
exhausted, the exhibits shall be marked “AA-ZZ” and “AAA-ZZZ”. After three letters,
17
note the number of letters (i.e., 4A) to reduce confusion at trial. Placement of the exhibit
18
sticker shall not overlie any part of the exhibit to be offered. All multi-page exhibits shall
19
be stapled or otherwise fastened together and each page within the exhibit shall be
20
numbered. All photographs shall be marked individually. The list of exhibits shall not
21
include excerpts of depositions, which may be used to impeach witnesses. In the event
22
that Plaintiff and Defendants offer the same exhibit during trial, that exhibit shall be
23
referred to by the designation the exhibit is first identified.
24
The Court cautions the parties to pay attention to this detail so that all concerned will not
25
be confused by one exhibit being identified with both a number and a letter.
26
The Final Pretrial Order will contain a stringent standard for the offering at trial of
27
witnesses and exhibits not listed in the Final Pretrial Order, and the parties are cautioned
28
that the standard will be strictly applied.
3
1
The listing of exhibits or witnesses that a party does not intend to offer will be viewed as
2
an abuse of the Court’s processes.
3
The parties must cooperatively prepare the Joint Final Pretrial Conference
4
Statement. A failure to do so may result in the imposition of sanctions which may
5
include monetary sanctions, orders precluding proof, elimination of claims or defenses,
6
or such other sanctions as the Court deems appropriate.
7
II.
8
9
10
TRIAL BRIEFS
The parties shall file trial briefs not later than March 6, 2017. The parties are
directed to Local Rule 285 regarding the content of trial briefs.
III.
MOTIONS IN LIMINE
Any evidentiary or procedural motions are to be filed by March 6, 2017.
11
12
Oppositions must be filed by March 20, 2017, and any reply must be filed by
13
April 3, 2017. The motions will be heard by the Court at the same time as the Final
14
Pretrial Conference.
15
IV.
A jury trial is set on April 17, 2017, at 9:00 a.m., in courtroom 7. Trial is
16
17
TRIAL SETTING
confirmed for three (3) days.
18
The parties are reminded that pursuant to Federal Rules of Civil Procedure
19
Rule 16(b), the Supplemental Pretrial Scheduling Order shall not be modified except by
20
leave of court upon a showing of good cause. Agreement by the parties pursuant to
21
stipulation alone to modify the Supplemental Pretrial Scheduling Order does not
22
constitute good cause. Except in extraordinary circumstances, unavailability of
23
witnesses or the parties will not constitute good cause.
24
///
25
///
26
///
27
///
28
///
4
1
This Supplemental Pretrial Scheduling Order will become final without further
2
order of the Court unless objections are filed within fourteen (14) court days of service of
3
this Order.
4
5
IT IS SO ORDERED.
Dated:
December 1, 2016
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?