Johnson v. City of Sacramento Police Department et al

Filing 36

PRETRIAL ORDER signed by District Judge Daniel J. Calabretta on 10/5/2023 ORDERING Motions in Limine due by 11/1/2023, Oppositions by 11/6/2023. Counsel and/or Parties shall file a copy of their respective final exhibit lists no later than 11/1/2023. Trial Briefs filed by 11/1/2023. Joint Proposed Jury Instructions and Proposed Verdict Forms by 11/1/2023. Final Status Conference on 11/9/2023, at 1:30 PM, and Jury Trial set for 11/13/2023 at 08:30 AM in Courtroom 10 (DJC) before District Judge Daniel J. Calabretta.(Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CANDIDA JOHNSON,

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Plaintiff,

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No. 2:18-cv-00639-DJC-KJN

v.

PRETRIAL ORDER

CITY OF SACRAMENTO POLICE
DEPARTMENT, et al.,
Defendants.

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On October 5, 2023, the Court conducted a final pretrial conference. Plaintiff’s

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counsel José Valdez and Jeffrey Kravitz appeared on behalf of Plaintiff Candida

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Johnson and Defendant’s counsel Sean Richmond appeared on behalf of Defendant

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Police Officer Patrick Mulligan. Based on the results of that pretrial conference, the

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Court now issues this final pretrial order.

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This action proceeds on Plaintiff’s first cause of action in her Complaint against

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Defendant Mulligan for violations of her right to be free from unreasonable intrusions

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into her bodily integrity as guaranteed by the 4th and 14th Amendments to the

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Constitution. This matter is set for trial on November 13, 2023.

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I.

Jurisdiction/Venue
Jurisdiction is predicated on 28 U.S.C. §§ 1331 and 1343. Venue is proper

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

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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 counsel elect to

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file shall be filed on or before November 1, 2023. Opposition shall be filed on or

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before November 6, 2023. Parties should be prepared to present argument on these

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motions at the final status conference.

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IV.

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Witnesses
Plaintiff’s and Defendant’s witnesses shall be those described in the Joint

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Pretrial Statement. (See ECF No. 33.) Each Party may call any witnesses designated

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by the 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 described 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.

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V.

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Exhibits
Plaintiff’s and Defendant’s exhibits shall be those identified in the Joint Pretrial

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Statement. Counsel and/or Parties shall file a copy of their respective final exhibit lists

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no later than November 1, 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.

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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 must prepare three (3) separate exhibit binders for

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use by the Court at trial, with a side tab identifying each exhibit in accordance with the

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specifications above. Each binder shall have an identification label on the front and

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spine. The final exhibit binders are due to the Court on the first day of trial.

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The Parties must exchange exhibits no later than 28 days before trial. Any

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objections to exhibits shall be filed on or before November 6, 2023. In making any

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objection, the Party is to set forth the grounds for the objection. As to each exhibit

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that is not objected to, no further foundation will be required for it to be received into

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evidence, if offered.

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The Court will not admit exhibits other than those identified on the exhibit lists

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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 in paragraph B, below.

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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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VIII.

Trial Briefs

Trial Briefs from both Parties shall be filed on November 1, 2023.
IX.

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Stipulations

None.

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Further Discovery

Joint Statement of the Case
Parties have filed a stipulated joint statement of the case.

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Proposed Jury Voir Dire

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By November 1, 2023 Parties shall file 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.
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Each Party will be limited to 20 minutes of jury voir dire.

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XI.

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Proposed Jury Instructions and Proposed Verdict Form
The Court directs the Parties to meet and confer in an attempt to generate a

joint set of jury instructions and verdict form.

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On or before November 1, 2023, Parties shall file Joint Proposed Jury

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Instructions and Proposed Verdict Form. All blanks in form instructions should be

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completed and all brackets removed.

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If Parties are unable to agree on an instruction and/or verdict form, Parties shall

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include any such instruction and/or verdict form under a separate heading in the Joint

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Proposed Jury Instructions or Verdict Form and identify which Party proposed the jury

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instructions or verdict form and the source of and authority for the proposed jury

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instruction or verdict form. Any objections to a proposed jury instruction or proposed

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verdict form shall be included in the Joint Proposed Jury Instructions or Verdict Form.

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Any objection should identify the Party objecting, provide a concise statement of the

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reasons for the objection, and include any relevant citation to authority. When

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applicable, the objecting Party shall include an alternative proposed instruction on the

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issue or identify which of his or her own proposed instructions covers the subject.

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XII.

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Filing Documents

All documents mentioned above, including but not limited to Proposed Jury

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Instructions, Witness Lists, Exhibit Lists, Joint Statement of the Case, Proposed Verdict

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Form, and Motions in Limine, shall be filed on the docket in this action and also

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emailed as a Word document to [e-mail].

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XIII.

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Final Status Conference

The Court will conduct a Final Status Conference on November 9, 2023, at 1:30

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p.m. At that time, the Court will hear argument on motions in limine and any

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outstanding matters to be resolved before trial.

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XIV.

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Trial Date/Estimated Time of Trial

Jury Trial is set for November 13, 2023, at 8:30 a.m. in Courtroom 10 before the

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Honorable Daniel J. Calabretta. Trial is anticipated to last four (4) court days. The

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

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webpage on the Court’s website.

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The Parties are to contact Gabriel Michel, Courtroom Deputy for Judge

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Calabretta, via email ([e-mail]), one week prior to trial to ascertain

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the status of the trial date.

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XV.

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Objections to Pretrial Order

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

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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:

October 5, 2023
Hon. Daniel J. Calabretta
UNITED STATES DISTRICT JUDGE

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