Flowers v. Warden High Desert State Prison et al

Filing 72

AMENDED SUPPLEMENTAL PRETRIAL ORDER signed by District Judge Morrison C. England, Jr., on 5/3/16 ORDERING the parties to file their witness lists by 8/1/2016. The parties are to exchange copies of all their exhibits and exhibit list by 8/1/2016, a nd each party present the original and two (2) copies of the exhibit(s) and exhibit list to the Court Clerk's Office by 8/1/2016. The parties are to file with the Court and exchange between themselves by 8/1/2016 a statement designating port ions of depositions intended to be offered or read into evidence. The parties are to file with the Court and exchange between themselves by 8/1/2016 the portions of Answers to Interrogatories which the respective parties intend to offer or read into evidence at the trial. The joint statement of case must be filed with the Court by 8/1/2016. The joint set of jury instructions must be filed by 8/1/2016. The parties must file a joint verdict form(s) concurrently with proposed jury instructions by 8/1/2016. The voir dire questions shall be filed with the Court by 8/1/2016. The parties shall file trial briefs not later than 8/1/2016. Any evidentiary or procedural motions are to be filed by 7/18/2016. Oppositions must be filed by 7/25/2015, and any reply must be filed by 8/1/2016. A Jury Trial is SET for 8/22/2016 at 10:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr.. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICO FLOWERS,

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Plaintiff,

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No. 2:12-cv-02047-MCE-CKD P

v.

AMENDED SUPPLEMENTAL
PRETRIAL ORDER

HIGH DESERT STATE PRISON, et al.,

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Defendants.

TRIAL DATE: August 22, 2016
TIME: 9:00 a.m.

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

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Pretrial Order of March 24, 2015 (“Pretrial Order”):

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I.

WITNESSES

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The witnesses the parties intend to call are listed in the Pretrial Order. The

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parties are ordered to file their witness lists by August 1, 2016. Counsel for the defense

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shall also electronically mail to the Court in digital format and compatible with Microsoft

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Word, the proposed Witness Lists from both parties. These lists should be sent to

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[e-mail] not later than August 1, 2016.

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II.

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

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listed in the Pretrial Order.

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Plaintiff’s exhibits shall be listed numerically. Defendants’ exhibits shall be listed

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

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Clerk’s Office: pink for Plaintiff and blue for Defendants. After three letters, note the

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number of letters in parenthesis (i.e., “AAAA(4)” to reduce confusion during the trial. All

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multi-page exhibits shall be stapled or otherwise fastened together and each page within

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the exhibit shall be numbered. All photographs shall be marked individually. The list of

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exhibits shall not include excerpts of depositions which may be used to impeach

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witnesses.

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Each party may use an exhibit designated by the other. In the event that Plaintiff

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and Defendants offer the same exhibit during trial, that exhibit shall be referred to by the

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designation the exhibit is first identified. The Court cautions the parties to pay attention

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to this detail so that all concerned, including the jury, will not be confused by one exhibit

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being identified with both a number and a letter.

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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

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existence;

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(3)

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

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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.

The parties are ordered to exchange copies of all their exhibits and exhibit

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list by August 1, 2016. Each party is directed to present the original and two (2) copies

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of the exhibit(s) and exhibit list to the Court Clerk’s Office by August 1, 2016. NO

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EXCEPTIONS. The prior deadline dates given for exchanging exhibits and objecting to

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

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Counsel for the defense shall also electronically mail to the Court in digital format and

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compatible with Microsoft Word, the proposed Exhibit Lists from both parties. These lists

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should be sent to [e-mail] not later than August 1, 2016.

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D.

If available to the party, the Court’s copies of the exhibits shall be

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presented in a 3-ring binder(s) with a side tab identifying each exhibit by number or

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letter. Each binder shall be no larger than three inches in width and have an

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identification label on the front and side panels.

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III.

DISCOVERY DOCUMENTS

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A.

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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 lodged with the Clerk of the Court. In addition, two unmarked copies of

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the transcripts must be delivered to the Court Clerk’s Office. The parties are cautioned

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that a failure to discharge this duty may result in the Court precluding use of the

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deposition or imposition of such other sanctions as the Court deems appropriate.

Filing Depositions

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B.

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The parties are ordered to file with the Court and exchange between themselves

Use of Depositions

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by August 1, 2016 a statement designating portions of depositions intended to be

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offered or read into evidence (except for portions to be used only for impeachment or

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rebuttal).
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C.

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The parties are ordered to file with the Court and exchange between themselves

Interrogatories

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by August 1, 2016 the portions of Answers to Interrogatories which the respective

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parties intend to offer or read into evidence at the trial (except portions to be used only

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for impeachment or rebuttal).

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IV.

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AGREED STATEMENTS - JOINT STATEMENT OF CASE
It is mandatory the parties shall file a short, jointly-prepared statement concerning

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the nature of this case that will be read to the jury at the commencement of trial (NO

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EXCEPTIONS). The joint statement of the case shall include in plain concise language

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the claims of and claims of other parties, if any, and the corresponding to the claims.

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The 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 by August 1, 2016.

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V.

PROPOSED JURY INSTRUCTIONS, VOIR DIRE, VERDICT FORM

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A.

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The deadline date given in the Pretrial Order for filing jury instructions is vacated.

Jury instructions

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

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jury instructions. The parties shall use the Ninth Circuit Model Jury Instructions and any

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revisions. Alternate instruction or authority may only be used if a Ninth Circuit Model

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Jury Instruction is unavailable. Attached for the parties’ review are the opening and

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closing instructions for your use. The joint set of instructions must be filed by August 1,

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2016 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.

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

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instructions by August 1, 2016. If necessary, a special verdict or interrogatories shall be

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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).

Verdict Form

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C.

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

Voir Dire

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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 deadline date given in the Pretrial Order for filing voir dire questions is

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vacated. The voir dire questions shall be filed with the Court by August 1, 2016.

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D.

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

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instructions, verdict form(s), and voir dire questions, counsel shall also electronically mail

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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
If available to the parties, the parties are required to file electronically a joint

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request to the Courtroom Deputy Clerk, Stephanie Deutsch, by August 1, 2016 if they

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wish to reserve and arrange for orientation with all parties on the Court's mobile

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audio/visual equipment for presentation of evidence.

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VII.

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TRIAL BRIEFS
The parties shall file trial briefs not later than August 1, 2016. The parties are

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directed to Local Rule 285 regarding the content of trial briefs.

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VIII.

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MOTIONS IN LIMINE
The deadline dates given in the Pretrial Order for filing motions in limine are

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vacated. Any evidentiary or procedural motions (“motions in limine”) are to be filed by

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July 18, 2016. Oppositions must be filed by July 25, 2016, and any reply must be filed

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by August 1, 2016. The motions will be heard by the Court on the first day of trial.

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IX.

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DATE AND LENGTH OF TRIAL
A jury trial is scheduled for August 22, 2016, at 10:00 a.m., in courtroom 7. The

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estimated length of trial is three (3) days. The trial will consist of seven (7) jurors.

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Counsel are to email Stephanie Deutsch, Courtroom Deputy Clerk, at

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[e-mail], or call at [phone] by August 15, 2016 to

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ascertain the status of the trial date.

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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: May 3, 2016

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