Barron v. Martel et al

Filing 74

ORDER signed by Senior Judge William B. Shubb on 1/27/15: Final Pretrial Conference set for 6/8/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Trial set for 8/11/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CIV. NO. 2:10-1567 WBS DAD P

RONNIE E. BARRON,
Plaintiff,

ORDER

v.
M. MARTEL et al.,
Defendants.

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The Final Pretrial Conference in this case is set for

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June 8, 2015, at 2:00 p.m. in Courtroom No. 5.

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shall be attended by at least one of the attorneys who will

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conduct the trial for each of the parties and by any

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unrepresented parties.

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The conference

Counsel for all parties are to be fully prepared for

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trial at the time of the Pretrial Conference, with no matters

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remaining to be accomplished except production of witnesses for

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oral testimony.

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Conference, counsel shall file separate pretrial statements.

Fourteen days prior to the scheduled Pretrial

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In

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the pretrial statements, counsel shall address the following

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matters, under the following captions and in the following order:

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(1) Jurisdiction and Venue.

The factual and statutory

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basis of federal jurisdiction and venue and whether there is any

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dispute concerning jurisdiction or venue.

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(2) Jury / Non-Jury.

Whether the party has demanded a

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jury trial of all or any of the issues or, if not, whether a

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demand for jury trial made by any other party is conceded or

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contested.

If the case is to be tried to a jury, the parties

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shall also prepare a succinct statement of the case, which is

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appropriate for the court to read to the jury.

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(3) Remaining Claims.

A list of the remaining claims

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as against each defendant and any remaining affirmatively pled

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defenses thereto.

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(4) Trial Estimate.

The estimated number of trial

days.
(5) Dispositive Motions.

A plain, concise statement

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that identifies every non-discovery motion that has been made to

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the court and its resolution.

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(6) Relief Sought.

The elements of monetary damage, if

any, and the specific nature of any other relief sought.
(7) Witnesses.

A list (names and addresses) of all

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prospective witnesses, whether offered in person or by deposition

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or interrogatory, designating those who are expert witnesses.

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Only witnesses so listed will be permitted to testify at the

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trial, except as may be otherwise provided in the pretrial order.

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(8) Exhibits - Schedules and Summaries.

A list of

documents or other exhibits that the party expects to offer at
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trial.

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at trial except as may be otherwise provided in the pretrial

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order.

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Only exhibits so listed will be permitted to be offered

(9) Discovery Documents.

A list of all portions of

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depositions, answers to interrogatories, and responses to

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requests for admission that the party expects to offer at trial.

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(10) Further Discovery or Motions.

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further discovery or pretrial motions.

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(11) Stipulations.

Any requests for

Any stipulations requested or

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offered for pretrial or trial purposes.

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(12) Amendments - Dismissals.

Any requested amendments

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to pleadings, dismissals, additions or substitutions of parties,

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or dispositions as to defaulting parties.

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(13) Settlement Negotiations.

A statement whether

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settlement negotiations between parties and/or a court settlement

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conference would be helpful.

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(14) Attorneys’ Fees.

A statement whether attorneys’

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fees are sought and the time and manner in which they are to be

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ascertained.

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(15) Trial Exhibits.

Any special handling of trial

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exhibits and a statement of advisability of court retention of

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exhibits pending appeal decision.

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(16) Miscellaneous.

Any other appropriate comments,

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suggestions, or information that might aid in the disposition of

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the action, including the identification of any writs necessary

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to ensure the presence of plaintiff or witnesses at trial and any

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matters set forth in Federal Rule of Civil Procedure 16(c).

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Upon filing the Pretrial Statement, counsel shall also
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email an electronic copy in Word to the undersigned’s courtroom

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deputy, Karen Kirksey Smith, at [e-mail].

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The trial is set for August 11, 2015, at 9:00 a.m.

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IT IS SO ORDERED.

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Dated:

January 27, 2015

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