McMillan v. Pfile, et al.
Filing
154
SUPPLEMENTAL PRETRIAL SCHEDULING ORDER signed by Senior Judge Morrison C. England, Jr., on 7/30/2020. A Final Pretrial Conference is SET for 4/8/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England, Jr.. A Joint Final Pret rial Conference Statement shall be filed no later than 3/11/2021. The parties shall file trial briefs not later than 3/11/2021. Any evidentiary or procedural motions are to be filed in one document by 3/11/2021, oppositions must be filed in one document by 3/25/2021 and any reply must be filed in one document by 4/1/2021. A Jury Trial is SET for 6/7/2021 at 09:00 AM in Courtroom 7 (MCE) before Senior 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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EDWIN D. MCMILLAN,
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Plaintiff,
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No. 2:13-cv-00578-MCE-KJN
v.
SUPPLEMENTAL PRETRIAL
SCHEDULING ORDER
S. RINGLER,
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Defendant.
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After review of the parties’ Joint Trial Readiness Statement, the Court makes the
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following Supplemental Pretrial Scheduling Order.
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I.
FINAL PRETRIAL CONFERENCE
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A Final Pretrial Conference is set on April 8, 2021, at 2:00 p.m. in courtroom 7.
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At least one of the attorneys who will conduct the trial for each of the parties shall attend
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the Final Pretrial Conference. If by reason of illness or other unavoidable circumstance
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a trial attorney is unable to attend, the attorney who attends in place of the trial attorney
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shall have equal familiarity with the case and equal authorization to make commitments
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on behalf of the client.
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Counsel for all parties are to be fully prepared for trial at the time of the Final
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Pretrial Conference, with no matters remaining to be accomplished except production of
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witnesses for oral testimony.
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II.
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JOINT FINAL PRETRIAL CONFERENCE STATEMENT
The parties shall file, not later than March 11, 2021, a Joint Final Pretrial
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Conference Statement. The provisions of Local Rule 281 shall apply with respect to the
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matters to be included in the Joint Final Pretrial Conference Statement. In addition to
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those subjects listed in Local Rule 281(b), the parties are to provide the Court with a
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plain, concise statement that identifies every non-discovery motion tendered to the Court
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and its resolution. Failure to comply with Local Rule 281, as modified by this
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Supplemental Pretrial Scheduling Order, may be grounds for sanctions.
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At the time of filing the Joint Final Pretrial Conference Statement, counsel shall
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also electronically mail to the Court in digital format compatible with Microsoft Word, the
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Joint Final Pretrial Statement in its entirety including the witness and exhibit lists. These
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documents shall be sent to mceorders@caed.uscourts.gov.
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The parties should identify first the core undisputed facts relevant to all claims.
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The parties should then, in a concise manner, identify those undisputed core facts that
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are relevant to each claim. The disputed facts should be identified in the same manner.
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Where the parties are unable to agree as to what disputed facts are properly before the
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Court for trial, they should nevertheless list all disputed facts asserted by each party.
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Each disputed fact or undisputed fact should be separately numbered or lettered.
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Each party shall identify and concisely list each disputed evidentiary issue which
will be the subject of a motion in limine.
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Each party shall identify the points of law which concisely describe the legal
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issues of the trial which will be discussed in the parties’ respective trial briefs. Points of
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law should reflect issues derived from the core undisputed and disputed facts. Parties
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shall not include argument or authorities with any point of law.
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Each party shall confirm the number of court days required to submit the case to
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the jury. The parties shall further confirm how many court days they will each require to
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present their cases, inclusive of opening statements and closing arguments.
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Plaintiff’s estimate shall also include the time necessary for jury selection, and
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Defendant’s estimate shall include the time necessary to finalize jury instructions and to
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instruct the jury. If the parties later submit a revised trial length estimate, the Court will
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attempt to accommodate them, but, due to its impacted docket, cannot guarantee that it
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will be able to do so.
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The parties are reminded that pursuant to Local Rule 281 they are required to list
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in the Joint Final Pretrial Conference Statement all witnesses and exhibits they propose
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to offer at trial. After the name of each witness, each party shall provide a brief
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statement of the nature of the testimony to be proffered. The parties may file a joint list
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or each party may file separate lists. These list(s) shall not be contained in the body of
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the Joint Final Pretrial Conference Statement itself, but shall be attached as separate
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documents to be used as addenda to the Final Pretrial Order. Counsel are ordered to
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file their exhibit list on or before March 11, 2021. The parties must expressly reserve the
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right to offer additional exhibits at trial.
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The Plaintiff’s exhibits shall be listed numerically. Defendant’s exhibits shall be
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listed alphabetically. After A-Z is exhausted, defense counsel is to use A2 through Z2,
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then begin with A3 through Z3, and so on. Each page in all multi-page exhibits shall be
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marked for identification and all photographs must be marked individually. A footer must
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be used to mark exhibits and must be in the following format: Case Number, Case
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Name, Party Offering Exhibit, Exhibit Number or Letter, Page of Exhibit with length of
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exhibit.1
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2:13-cv-00578-MCE-KJN, McMillan v. Ringler
Example of exhibit stamp footer.
Plaintiff’s Exhibit 1
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Page 1 of 3
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Each party may use an exhibit designated by the other. Exhibit lists must be in
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Microsoft Word, filed in the table format as shown below, and emailed to
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mceorders@caed.uscourts.gov by March 11, 2021.
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EXHIBIT
IDENTIFICATION
EXHIBIT DESCRIPTION
DATE
DATE
OFFERED ADMITTED
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The parties are ordered to file their exhibit lists on or before March 11, 2021.
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Each page in all multi-page exhibits shall be marked for identification and all
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photographs must be marked individually. All exhibits must be premarked. 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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A.
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(1)
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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.
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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(3)
The proffering party forwarded a copy of the exhibit(s) (if physically
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possible) to opposing parties.
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existence;
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If the exhibit(s) may not be copied, the proffering party must show that the exhibit(s)
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were made reasonably available for inspection by opposing party.
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The Final Pretrial Order will contain a stringent standard for the offering at trial of
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witnesses and exhibits not listed in the Final Pretrial Order, and the parties are cautioned
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that the standard will be strictly applied. The listing of exhibits or witnesses that a party
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does not intend to offer will be viewed as an abuse of the Court’s processes.
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The parties are reminded that pursuant to Rule 16 of the Federal Rules of Civil
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Procedure it will be their duty at the Final Pretrial Conference to aid the Court in: (a) the
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formulation and simplification of issues and the elimination of frivolous claims or
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defenses; (b) the settling of facts that should properly be admitted; and (c) the avoidance
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of unnecessary proof and cumulative evidence. Counsel must cooperatively prepare the
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Joint Final Pretrial Conference Statement and participate in good faith at the Final
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Pretrial Conference with these aims in mind. A failure to do so may result in the
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imposition of sanctions which may include monetary sanctions, orders precluding proof,
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elimination of claims or defenses, or such other sanctions as the Court deems
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appropriate.
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III.
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TRIAL BRIEFS
The parties shall file trial briefs not later than March 11, 2021. Counsel are
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directed to Local Rule 285 regarding the content of trial briefs.
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V.
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MOTIONS IN LIMINE
Any evidentiary or procedural motions are to be filed in one document by March
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11, 2021. Oppositions must be filed in one document by March 25, 2021, and any reply
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must be filed in one document by April 1, 2021. The motions will be heard by the Court
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at the same time as the Final Pretrial Conference.
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VI.
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TRIAL SETTING
A jury trial is set on June 7, 2021, at 9:00 a.m. in courtroom 7. Trial is
confirmed for four (4) days.
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The parties are reminded that pursuant to Federal Rules of Civil Procedure
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Rule 16(b), the Supplemental Pretrial Scheduling Order shall not be modified except by
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leave of court upon a showing of good cause. Agreement by the parties pursuant to
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stipulation alone to modify the Supplemental Pretrial Scheduling Order does not
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constitute good cause. Except in extraordinary circumstances, unavailability of
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witnesses or counsel will not constitute good cause.
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This Supplemental Pretrial Scheduling Order will become final without further
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order of the Court unless objections are filed within seven (7) court days of service of this
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Order.
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IT IS SO ORDERED.
Dated:
July 30, 2020
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