Foy v. Vallejo Police Department

Filing 107

SUPPLEMENTAL PRETRIAL ORDER signed by District Judge Morrison C. England, Jr. on 1/4/2017 ORDERING the defendants to provide the plaintiff with hard copies of all exhibits and to provide the Court with an electronic version of all exhibits by 1/17/20 17; ORDERING the parties to transmit to the Courtroom Deputy, by 1/17/2017, the portions of depositions and answers to interrogatories intended to be read into evidence; ORDERING the parties to file a joint statement of the case, proposed jury instru ctions, verdict form, voir dire, and trial briefs by 1/17/2017; ORDERING that any evidentiary and/or procedural motions be filed by 1/13/2017 and that any oppositions to such motions be filed by 1/18/2017; CONFIRMING the Jury Trial set for 1/23/2017 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr. (Michel, G.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALFRED JAMES FOY,

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Plaintiff,

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No. 2:11-cv-03262-MCE-CMK-P

v.

SUPPLEMENTAL PRETRIAL ORDER

VALLEJO POLICE DEPT., ET AL.,

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Defendants.

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The Court makes the following findings and orders which supplements the Court’s

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Pretrial Order of January 4, 2017 (“Pretrial Order”). ECF No. 106. To the extent this

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order conflicts with prior orders, this order shall govern:

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I.

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EXHIBITS - SCHEDULES AND SUMMARIES
The parties are ordered to follow the below guidelines when filing their exhibits

listed in the Pretrial Order.

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Plaintiff failed to designate exhibits to be used at trial. Defendants’ exhibits shall

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be listed alphabetically. The parties shall use the standard exhibit stickers provided by

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the Court Clerk’s Office. All multi-page exhibits shall be stapled or otherwise fastened

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together and each page within the exhibit shall be numbered. All photographs shall be

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marked individually. The list of exhibits shall not include excerpts of depositions which

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may be used to impeach witnesses.
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A.

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(1)

The party proffering the exhibit demonstrates that the exhibit is for

the purpose of rebutting evidence, or

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No other exhibits will be permitted to be introduced unless:

(2)

The exhibit was discovered after the pretrial statements were filed

and the proffering party makes the showing required in paragraph “B”, below.

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B.

Upon the post-pretrial discovery of exhibits, the parties shall promptly

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inform the Court and opposing party of the existence of such exhibits so that the Court

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

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proffering party demonstrates:

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(1)

The exhibits could not reasonably have been discovered earlier;

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(2)

The Court and opposing parties were promptly informed of their

(3)

The proffering party forwarded a copy of the exhibit(s) (if physically

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existence;

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possible) to opposing parties. If the exhibit(s) may not be copied, the proffering party

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must show that the exhibit(s) were made reasonably available for inspection by opposing

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party.

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C.

Defendants are ordered to provide Plaintiff with hard copies of all exhibits

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and a copy of their exhibit list on the first day of trial. Defendants are further ordered to

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provide an electronic version of all exhibits and their exhibit list to the Courtroom Deputy

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not later than January 17, 2017. The exhibit list should be in Microsoft Word and shall

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be emailed to [e-mail] not later than January 17, 2017. Exhibits

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shall be emailed to the same address. The Court does not require paper copies of

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exhibits. Exhibits will be offered at trial and will be ruled on at that time.

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II.

DISCOVERY DOCUMENTS

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A.

Filing Depositions

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It is the duty of the parties to ensure that any deposition which is to be used at

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trial has been provided to the Courtroom Deputy. Defendants are ordered to submit

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electronic copies of all deposition excerpts to the Courtroom Deputy as provided in
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Section I.C (above). Portions of depositions intended to be offered or read into

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evidence—except for portions to be used only for impeachment or rebuttal—shall be

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transmitted to the Courtroom Deputy as provided in Section I.C not later than January

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17, 2017. Defendants are further ordered to provide Plaintiff with copies of such

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deposition excerpts on the first day of trial.

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B.

Interrogatories

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Defendants are ordered to provide portions of Answers to Interrogatories intended

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to be offered or read into evidence at the trial to the Courtroom Deputy as provided in

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Section I.C not later than January 17, 2017. Defendants are further ordered to provide

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copies of such Answers to Plaintiff on the first day of trial.

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III.

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FURTHER DISCOVERY OR DISCOVERY MOTIONS
Pursuant to the Court’s Scheduling Order, all discovery and law and motion was

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to have been completed. The parties are free to engage in informal agreements

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regarding discovery and law and motion matters. However, any such agreements will

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not be enforceable in this Court.

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IV.

AGREED STATEMENTS - JOINT STATEMENT OF CASE

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It is mandatory that the parties shall file a short, jointly-prepared statement

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concerning the nature of this case that will be read to the jury at the commencement of

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trial (NO EXCEPTIONS). The joint statement of the case shall include in plain concise

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language Plaintiff’s claims and the corresponding defenses to those claims. The

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purpose of the joint statement of the case is to inform the jury, at the outset, what the

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case is about. The statement must be filed with the Court on or before January 17,

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2017.

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V.

PROPOSED JURY INSTRUCTIONS, VOIR DIRE, VERDICT FORM

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A.

Jury Instructions

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The parties are directed to meet and confer and to attempt to agree upon a joint

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set of jury instructions. The parties shall use the Ninth Circuit Model Jury Instructions

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and any revisions. Alternate instruction or authority may only be used if a Ninth Circuit
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Model Jury Instruction is unavailable. Attached for the parties’ review are the opening

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and closing instructions for your use. The joint set of instructions must be filed by

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January 17, 2017, and shall be identified as the “Jury Instructions Without Objection.”

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All instructions shall be, to the extent possible, concise, understandable, and free

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from argument. See Local Rule 163(c). Parties shall also note that any modifications of

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instructions from statutory authority, case law, or from any form of pattern instructions

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must specifically state the modification by underlining additions and bracketing deletions.

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B.

Verdict Form

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The parties must file a joint verdict form(s) concurrently with proposed jury

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instructions by January 17, 2017. If necessary, a special verdict or interrogatories shall

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be included for all factual disputes submitted to the jury that must be resolved before

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questions of law can be decided, and for any other issue on which specific responses

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are desired. See Local Rule 163(e).

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C.

Voir Dire

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The parties shall submit proposed voir dire questions to the Court. The Court

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reserves the right to conduct all examination of prospective jurors. Notwithstanding this

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reservation, the Court will permit each side up to ten (10) minutes to conduct voir dire, if

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desired. The voir dire questions shall be filed with the Court by January 17, 2017.

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D.

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If available to the party, at the time of filing their respective proposed jury

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instructions, verdict form(s), and voir dire questions, the parties shall also electronically

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mail to the Court in digital format and compatible with Microsoft Word, the proposed jury

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instructions and verdict form(s). These documents should be sent to

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[e-mail].

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VI.

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Submission of Documents to the Court

AUDIO/VISUAL EQUIPMENT
Defendants are required to file electronically a request to the Courtroom Deputy

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Clerk, Stephanie Deutsch, by January 17, 2017, if they wish to reserve and arrange for

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orientation on the Court’s mobile audio/visual equipment for presentation of evidence.
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Orientation is unavailable to Plaintiff because he is in custody.

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VII.

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TRIAL BRIEFS
As stated in the Pretrial Order, the parties shall file trial briefs not later than

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January 17, 2017. The parties are directed to Local Rule 285 regarding the content of

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trial briefs.

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VIII.

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EVIDENTIARY AND/OR PROCEDURAL MOTIONS
As stated in the Pretrial Order, any evidentiary or procedural motions (“motions in

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limine”) are to be filed by January 13, 2017, and Oppositions must be filed by January

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18, 2017. The motions will be heard by the Court on the first day of trial.

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IX.

DATE AND LENGTH OF TRIAL
A jury trial is scheduled for January 23, 2017, and is confirmed for two (2) days.

The trial will consist of seven (7) jurors.

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The Court will permit each side up to one (1) hour for closing arguments. Plaintiff

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will be permitted to reserve time for rebuttal purposes but will be required to monitor any

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time so reserved.

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IT IS SO ORDERED.
Dated: January 4, 2017

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