Graham v. Wal-Mart Stores, Inc. et al

Filing 102

SECOND SUPPLEMENTAL PRETRIAL SCHEDULING ORDER signed by District Judge Morrison C. England, Jr. on 9/11/2017 SETTING the Final Pretrial Conference for 3/1/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr.; ORDERING the parties to file a Joint Final Pretrial Conference Statement, trial briefs, and any evidentiary or procedural motions by 2/1/2018; ORDERING that oppositions to such motions be filed by 2/15/2018 and that any replies be filed by 2/22/2018; SETTING the Jury Trial for 3/26/2018 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England, Jr.; CAUTIONING all parties that this Scheduling Order will become final without further order of the Court unless objections are filed within seven (7) court days. (Michel, G.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 TYRA GRAHAM, 12 No. 2:14-cv-02916-MCE-CKD Plaintiff, 13 v. 14 WAL-MART STORES, INC., 15 SECOND SUPPLEMENTAL PRETRIAL SCHEDULING ORDER Defendant. 16 17 18 19 20 21 22 23 24 25 26 27 28 After review of the parties’ Joint Trial Readiness Statement, the Court makes the following Second Supplemental Pretrial Scheduling Order. I. FINAL PRETRIAL CONFERENCE A Final Pretrial Conference is set on March 1, 2018, at 2:00 p.m. in courtroom 7. At least one of the attorneys who will conduct the trial for each of the parties shall attend the Final Pretrial Conference. If by reason of illness or other unavoidable circumstance a trial attorney is unable to attend, the attorney who attends in place of the trial attorney shall have equal familiarity with the case and equal authorization to make commitments on behalf of the client. Counsel for all parties are to be fully prepared for trial at the time of the Final Pretrial Conference, with no matters remaining to be accomplished except production of witnesses for oral testimony. 1 1 The parties shall file, not later than February 1, 2018, a Joint Final Pretrial 2 Conference Statement. The provisions of Local Rule 281 shall apply with respect to the 3 matters to be included in the Joint Final Pretrial Conference Statement. In addition to 4 those subjects listed in Local Rule 281(b), the parties are to provide the Court with a 5 plain, concise statement that identifies every non-discovery motion tendered to the Court 6 and its resolution. Failure to comply with Local Rule 281, as modified by this Trial 7 Setting Order, may be grounds for sanctions. 8 At the time of filing the Joint Final Pretrial Conference Statement, counsel shall 9 also electronically mail to the Court in digital format compatible with Microsoft Word, the 10 Joint Final Pretrial Statement in its entirety including the witness and exhibit lists. These 11 documents shall be sent to 12 The parties should identify first the core undisputed facts relevant to all claims. 13 The parties should then, in a concise manner, identify those undisputed core facts that 14 are relevant to each claim. The disputed facts should be identified in the same manner. 15 Where the parties are unable to agree as to what disputed facts are properly before the 16 Court for trial, they should nevertheless list all disputed facts asserted by each party. 17 Each disputed fact or undisputed fact should be separately numbered or lettered. 18 19 Each party shall identify and concisely list each disputed evidentiary issue which will be the subject of a motion in limine. 20 Each party shall identify the points of law which concisely describe the legal 21 issues of the trial which will be discussed in the parties’ respective trial briefs. Points of 22 law should reflect issues derived from the core undisputed and disputed facts. Parties 23 shall not include argument or authorities with any point of law. 24 Each party shall confirm the number of court days required to submit the case to 25 the jury. The parties shall further confirm how many court days they will each require to 26 present their cases, inclusive of opening statements and closing arguments. 27 /// 28 /// 2 1 Plaintiff's estimate shall also include the time necessary for jury selection, and 2 Defendant’s estimate shall include the time necessary to finalize jury instructions and to 3 instruct the jury. If the parties later submit a revised trial length estimate, the Court will 4 attempt to accommodate them, but, due to its impacted docket, cannot guarantee that it 5 will be able to do so. 6 The parties are reminded that pursuant to Local Rule 281 they are required to list 7 in the Joint Final Pretrial Conference Statement all witnesses and exhibits they propose 8 to offer at trial. After the name of each witness, each party shall provide a brief 9 statement of the nature of the testimony to be proffered. The parties may file a joint list 10 or each party may file separate lists. These list(s) shall not be contained in the body of 11 the Joint Final Pretrial Conference Statement itself, but shall be attached as separate 12 documents to be used as addenda to the Final Pretrial Order. 13 Plaintiff's exhibits shall be listed numerically. Defendant's exhibits shall be listed 14 alphabetically. The parties shall use the standard exhibit stickers provided by the Court 15 Clerk’s Office: pink for plaintiff and blue for defendant. In the event that the alphabet is 16 exhausted, the exhibits shall be marked “AA-ZZ” and “AAA-ZZZ” etc. After three letters, 17 note the number of letters in parenthesis (i.e., “AAAA(4)”) to reduce confusion at trial. 18 Placement of the exhibit sticker shall not overlie any part of the exhibit to be offered. All 19 multi-page exhibits shall be stapled or otherwise fastened together and each page within 20 the exhibit shall be numbered. All photographs shall be marked individually. The list of 21 exhibits shall not include excerpts of depositions, which may be used to impeach 22 witnesses. In the event that Plaintiff and Defendant offer the same exhibit during trial, 23 that exhibit shall be referred to by the designation the exhibit is first identified. The Court 24 cautions the parties to pay attention to this detail so that all concerned will not be 25 confused by one exhibit being identified with both a number and a letter. 26 The Final Pretrial Order will contain a stringent standard for the offering at trial of 27 witnesses and exhibits not listed in the Final Pretrial Order, and the parties are cautioned 28 that the standard will be strictly applied. 3 1 On the other hand, the listing of exhibits or witnesses that a party does not intend to offer 2 will be viewed as an abuse of the Court’s processes. 3 The parties also are reminded that pursuant to Rule 16 of the Federal Rules of 4 Civil Procedure it will be their duty at the Final Pretrial Conference to aid the Court in: 5 (a) the formulation and simplification of issues and the elimination of frivolous claims or 6 defenses; (b) the settling of facts that should properly be admitted; and (c) the avoidance 7 of unnecessary proof and cumulative evidence. Counsel must cooperatively prepare the 8 Joint Final Pretrial Conference Statement and participate in good faith at the Final 9 Pretrial Conference with these aims in mind. A failure to do so may result in the 10 imposition of sanctions which may include monetary sanctions, orders precluding proof, 11 elimination of claims or defenses, or such other sanctions as the Court deems 12 appropriate. 13 II. 14 TRIAL BRIEFS The parties shall file trial briefs not later than February 1, 2018. Counsel are 15 directed to Local Rule 285 regarding the content of trial briefs. 16 III. 17 MOTIONS IN LIMINE Any evidentiary or procedural motions are to be filed by February 1, 2018. 18 Oppositions must be filed by February 15, 2018 and any reply must be filed by 19 February 22, 2018. The motions will be heard by the Court at the same time as the 20 Final Pretrial Conference. 21 IV. 22 23 TRIAL SETTING The jury trial is set on, March 26, 2018, at 9:00 a.m. in courtroom 7. Trial is confirmed for five (5) days. 24 The parties are reminded that pursuant to Federal Rules of Civil Procedure 25 Rule 16(b), the Trial Setting Order shall not be modified except by leave of court upon a 26 showing of good cause. Agreement by the parties pursuant to stipulation alone to 27 modify the Trial Setting Order does not constitute good cause. Except in extraordinary 28 circumstances, unavailability of witnesses or counsel will not constitute good cause. 4 1 2 This Trial Setting Order will become final without further order of the Court unless objections are filed within seven (7) court days of service of this Order. 3 IT IS SO ORDERED. 4 Dated: September 11, 2017 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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