Jones v. Ballesteros et al

Filing 103

FURTHER PRETRIAL ORDER signed by District Judge Kimberly J. Mueller on 3/25/16: Jury Trial set for 9/12/2016 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Plaintiff shall file any necessary applications for writs of habeas corpus ad testificandum no later than 8/12/16. Any motions in limine shall be filed no later than 8/26/16. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

JEREMY JONES,
Plaintiff,

12
13
14
15

No. 2:10-cv-02661-KJM-EFB

v.

FURTHER PRETRIAL ORDER

BALLESTEROS et al.
Defendants.

16
17

On March 3, 2016, the court conducted a status conference. Peter Soskin appeared

18

for plaintiff Jeremy Jones, who is a state prisoner. David Carrasco appeared for the defendants,

19

Ballesteros and Chopplin.

20

Jones previously proceeded without counsel in this case; counsel was appointed on

21

February 2, 2016. ECF No. 98. Before counsel was appointed, United States Magistrate Judge

22

Edmund F. Brennan oversaw pretrial proceedings and issued a pretrial order. ECF No. 92. That

23

order stands, as discussed with counsel at the March 3, 2016 status conference. This order serves

24

only to clarify the undersigned’s practices and orders at trial and make a limited number of

25

adjustments in light of the appointment of counsel. For the sake of clarity, the following sections

26

of Judge Brennan’s pretrial order remain in place: Jurisdiction; Undisputed Facts; Disputed

27

Factual Issues; Disputed Evidentiary Issues; Relief Sought; Points of Law; Abandoned Issues;

28

Witnesses; Exhibits, Schedules, and Summaries; Discovery Documents; Further Discovery of
1

1

Motions; Stipulations; Amendments/Dismissals; Settlement Negotiations; Agreed Statements;

2

Separate Trial of Issues; Impartial Experts/Limitation of Experts; Attorneys’ Fees; Trial Exhibits;

3

and Trial Protective Order. The court now orders as follows:

4

TRIAL

5

Trial is set for September 12, 2016, at 9:00 a.m. in Courtroom 3 and is expected

6

to last three days. The parties are directed to Judge Mueller’s trial schedule outlined on her web

7

page on the court’s website.

8
9
10

The defendants have demanded a jury trial. ECF No. 21. The matter will proceed
as a jury trial. Pursuant to the parties’ stipulation, the jury will consist of eight jurors.
POINTS OF LAW

11

The parties may file trial briefs addressing any disputed points of law no later than

12

seven days prior to the date of trial.

13

WITNESSES

14
15

As noted above, the provisions of the previous pretrial order on witnesses remain
in effect. That order is supplemented as follows:

16

At the March 3, 2016 status conference, the parties informed court the plaintiff and

17

two witnesses expected to testify at trial are incarcerated. Plaintiff shall file any necessary

18

applications for writs of habeas corpus ad testificandum no later than August 12, 2016.

19

Each party may call any witnesses designated by the other.

20

A.

21

The court will not permit any other witness to testify unless:
(1)

The party offering the witness demonstrates that the witness is for the

22

purpose of rebutting evidence that could not be reasonably anticipated at

23

the pretrial conference, or

24

(2)

25
26
27

The witness was discovered after the pretrial conference and the proffering
party makes the showing required in “B,” below.

B.

Upon the post pretrial discovery of any witness a party wishes to present at trial,
the party shall promptly inform the court and opposing parties of the existence of

28
2

1

the unlisted witnesses so the court may consider whether the witnesses shall be

2

permitted to testify at trial. The witnesses will not be permitted unless:

3

(1)

4

The witness could not reasonably have been discovered prior to the
discovery cutoff;

5

(2)

6

The court and opposing parties were promptly notified upon discovery of
the witness;

7

(3)

If time permitted, the party proffered the witness for deposition; and

8

(4)

If time did not permit, a reasonable summary of the witness’s testimony

9
10

was provided to opposing parties.
EXHIBITS, SCHEDULES AND SUMMARIES

11
12

As noted above, the provisions of the previous pretrial order on exhibits remain in
effect. That order is supplemented as follows:

13
14

At trial, plaintiff’s exhibits shall be listed numerically, and defendant’s exhibits
shall be listed alphabetically, first A, B, C, etc., then AA, AB, AC, etc., and so on.

15
16

The court encourages the parties to generate a joint exhibit list to the extent
possible. Joint Exhibits shall be identified as JX and listed numerically, e.g., JX-1, JX-2.

17

All exhibits must be premarked.

18

The parties must prepare exhibit binders for use by the court at trial, with a side tab

19

identifying each exhibit in accordance with the specifications above. Each binder shall have an

20

identification label on the front and spine.

21
22
23

The parties must exchange exhibits no later than twenty-eight days before trial.
Any objections to exhibits are due no later than fourteen days before trial.
A.

The court will not admit exhibits other than those identified on the exhibit lists

24

referenced above unless:

25

1.

The party proffering the exhibit demonstrates that the exhibit is for the

26

purpose of rebutting evidence that could not have been reasonably

27

anticipated, or

28
3

1

2.

2
3

The exhibit was discovered after the issuance of this order and the
proffering party makes the showing required in Paragraph “B,” below.

B.

Upon the discovery of exhibits after the discovery cutoff, a party shall promptly

4

inform the court and opposing parties of the existence of such exhibits so that the

5

court may consider their admissibility at trial. The exhibits will not be received

6

unless the proffering party demonstrates:

7

1.

The exhibits could not reasonably have been discovered earlier;

8

2.

The court and the opposing parties were promptly informed of their

9
10

existence;
3.

The proffering party forwarded a copy of the exhibits (if physically

11

possible) to the opposing party. If the exhibits may not be copied the

12

proffering party must show that it has made the exhibits reasonably

13

available for inspection by the opposing parties.

14
15

DEPOSITION TRANSCRIPTS
Counsel must lodge the sealed original copy of any deposition transcript to be used

16

at trial with the Clerk of the Court on the first day of trial.

17

MOTIONS IN LIMINE

18

Any motions in limine shall be filed no later than August 26, 2016. Oppositions

19

or statements of non-opposition shall be filed no later than September 2, 2016. Replies, if any,

20

will be heard orally before trial begins on September 12, 2016.

21

JOINT STATEMENT OF THE CASE

22

No later than seven days before the first day of trial, the parties shall file a

23

proposed joint statement of the case to be read to the jury on the first day of trial.

24

PROPOSED JURY VOIR DIRE AND PROPOSED JURY INSTRUCTIONS

25
26
27
28

The parties shall file any proposed jury voir dire seven days before trial. Each
party will be limited to ten minutes of jury voir dire.
The court directs counsel to meet and confer in an attempt to generate a joint set of
jury instructions and verdicts. The parties shall file any such joint set of instructions fourteen
4

1

days before trial, identified as “Jury Instructions and Verdicts Without Objection.” To the extent

2

the parties are unable to agree on all or some instructions and verdicts, their respective proposed

3

instructions are due fourteen days before trial.

4

Counsel shall e-mail a copy of all proposed jury instructions and verdicts, whether

5

agreed or disputed, as a word document to [e-mail] no later than fourteen

6

days before trial; all blanks in form instructions should be completed and all brackets removed.

7

Objections to proposed jury instructions must be filed seven days before trial; each

8

objection shall identify the challenged instruction and shall provide a concise explanation of the

9

basis for the objection along with citation of authority. When applicable, the objecting party

10

shall submit an alternative proposed instruction on the issue or identify which of his or her own

11

proposed instructions covers the subject.

12

OBJECTIONS TO PRETRIAL ORDER

13

Each party is granted fourteen days from the date of this order to file objections to

14

the same. If no objections are filed, the order will become final without further order of this

15

court.

16

DATED: March 25, 2016

17
18
19

UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26
27
28
5