Candler v. Stewart et al

Filing 86

PRETRIAL ORDER signed by District Judge Daniel J. Calabretta on 8/10/23 ORDERING that the Final Status Conference is SET for 10/19/2023 at 01:30 PM and the Jury Trial is SET for 10/23/2023 at 09:00 AM, in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEITH CANDLER,

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Plaintiff,

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No. 2:17-cv-02436-DJC-CKD

v.

PRETRIAL ORDER

J. LEBECK, et al.,

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Defendants.

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On August 10, 2023 the Court conducted a final pretrial conference. Plaintiff

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appeared pro se and Martha P. Ehlenbach, Christian Michael Georgely, and Tyler

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Vance Heath appeared on behalf of Defendants J. Lebeck and A. Huynh. Based on

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the results of that pretrial conference, the Court now issues this final pretrial order.
This action proceeds on Plaintiff’s Complaint against Defendants J. Lebeck for

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violations of Plaintiff’s Eighth and First Amendment rights and A. Huynh for violation of

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Plaintiff’s Eighth Amendment rights. This matter is set for trial on October 23, 2023.

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I.

Jurisdiction is predicated on 28 U.S.C. § 1331 and 1343(a)(3). Venue is proper

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Jurisdiction/Venue

pursuant to 28 U.S.C. § 1391(b). Venue and Jurisdiction are not contested.
II.

Jury
Both parties have timely requested trial by jury.
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III.

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Disputed Evidentiary Issues/Motions in Limine
The parties have not yet filed motions in limine. The Court does not encourage

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the filing of motions in limine unless they are addressed to issues that can realistically

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be resolved by the Court prior to trial and without reference to the other evidence

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which will be introduced by the parties at trial. Any motions in limine Plaintiff or

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counsel for Defendants elect to file shall be filed on or before October 4, 2023.

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Opposition shall be filed on or before October 16, 2023. Parties should be prepared

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to present argument on these motions at the final status conference.

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IV.

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Witnesses
Plaintiff’s and Defendants’ witnesses shall be those described in their witness

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lists. (See ECF Nos. 42, 82.) Each party may call any witnesses designated by the

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other.

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The Court does not allow undisclosed witnesses to be called for any

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purpose, including impeachment or rebuttal, unless they meet the following

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criteria:

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

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purpose of rebutting evidence that could not be reasonably anticipated at

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the pretrial conference, or

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2. The witness was discovered after the pretrial conference and the proffering

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party makes the showing required in paragraph B, below.

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Upon the post pretrial discovery of any witness a party wishes to present at trial,

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the party shall promptly inform the Court and opposing parties of the existence of the

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unlisted witnesses by filing a notice on the docket so the Court may consider whether

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the witnesses shall be permitted to testify at trial. The witnesses will not be permitted

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unless:

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1. The witness could not reasonably have been discovered prior to the

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discovery cutoff;
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2. The Court and opposing parties were promptly notified upon discovery of

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the witness;

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

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

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provided to opposing parties.
V.

Exhibits
Plaintiff’s and Defendants’ exhibits shall be those identified in their respective

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exhibit lists. Counsel and/or parties shall submit a copy of their exhibit lists to the

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Court no later than October 4, 2023.

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No exhibit shall be marked with or entered into evidence under multiple exhibit
numbers. All exhibits must be pre-marked as discussed below.
At trial, joint exhibits shall be identified as JX and listed numerically, e.g., JX-1,

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JX-2. Plaintiff’s exhibits shall be listed numerically, and Defendants’ exhibits shall be

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listed alphabetically. The parties are directed to bring an original and one copy of

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each exhibit to trial. The original exhibit becomes the property of the Court for

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purposes of trial. The copy is for bench use during trial.

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The Court will not admit exhibits other than those identified on the exhibit lists
referenced above unless:

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

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purpose of rebutting evidence that could not have been reasonably

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anticipated, or

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2. The exhibit was discovered after the issuance of this order and the

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proffering party makes the showing required later in this section.

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

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inform the Court and opposing parties of the existence of such exhibits by filing a

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notice on the docket so that the Court may consider their admissibility at trial. The

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exhibits will not be received unless the 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 the 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 exhibits (if physically possible)

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to the opposing party. If the exhibits may not be copied the proffering party

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must show that it has made the exhibits reasonably available for inspection

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by the opposing parties.

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VI.

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Discovery has been completed and is now closed.
VII.

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Stipulations

None.
VIII.

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Further Discovery

Trial Briefs

Trial Briefs from both parties are due on October 4, 2023.
IX.

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Proposed Jury Voir Dire
By October 4, 2023 parties shall submit proposed questions to be asked by the

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Court during jury selection. Parties are advised to limit the number of proposed voir

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dire and to only propose questions they feel are essential. Voir dire will be conducted

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by the Court.

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X.

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Proposed Jury Instructions and Verdict Form
On or before October 4, 2023 parties shall submit individual Proposed Jury

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Instructions and Verdict Form to the Court. Counsel and/or parties shall submit a

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copy of all proposed jury instructions and verdicts, whether agreed or disputed no

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later than October 4, 2023. Any objections to the Proposed Jury Instructions and

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Verdict Forms shall be submitted by October 16, 2023. All blanks in form instructions

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should be completed and all brackets removed.

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XI.

Final Status Conference
The Court will conduct a Final Status Conference on October 19, 2023. At that

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time, the Court will hear argument on motions in limine and any outstanding matters

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to be resolved before trial.
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XII.

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Trial Date/Estimated Time of Trial

Jury Trial is set for October 23, 2023, at 9:00 a.m. in Courtroom 10 before the

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Honorable Daniel J. Calabretta. Trial is anticipated to last four court days. The parties

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are directed to Judge Calabretta’s standard procedures available on his webpage on

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the court’s website.

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XIII.

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Objections to Pretrial Order

Each party is granted 14 days from the date of this order to file objections to

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the same. Each party is also granted 7 days thereafter to respond to the other party’s

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

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of this Court.

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The parties are reminded that pursuant to Rule 16(e) of the Federal Rules of

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Civil Procedure and Local Rule 283 of this Court, this order shall control the

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subsequent course of this action and shall be modified only to prevent manifest

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injustice.

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IT IS SO ORDERED.

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Dated:

August 10, 2023
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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