Castro v. Terhune, et al

Filing 199

FINAL PRETRIAL ORDER: Bench trial set for 12/14/2009 at 7:30 AM. Signed by Judge William Alsup on 116/2009. (whasec, COURT STAFF) (Filed on 11/6/2009)

1 2 3 4 5 6 7 8 9 10 CARLOS CASTRO, Plaintiff, v. CAL TERHUNE, Director, CALIFORNIA DEPARTMENT OF CORRECTIONS, BONNIE G. GARIBAY, J. BATCHELOR, S. C. WOLHWEND, A. SCRIBNER, J. STOKES, M. YARBOROUGH, L. HOOD, C. CAMPBELL, A. M. GONZALEZ, M. AYALA, E. DERUSHA, c/o ROBERT L. AYERS, Warden, J. MARTINEZ, Defendants. / FINAL PRETRIAL ORDER No. C 98-04877 WHA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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For good cause and after a final pretrial conference, the Court issues the following final pretrial order: 1. This case shall go to a BENCH TRIAL on DECEMBER 14, 2009, at 7:30 AM, and

shall continue until completed on the schedule discussed at the conference. The issues to be tried shall be those set forth in the joint proposed pretrial order except to the extent modified by order in limine. This final pretrial order supersedes all the complaint, answer and any counterclaims, cross-claims or third-party complaints, i.e., only the issues expressly identified for trial remain in the case. 2. The motions in limine have been noted and all evidentiary objections will be

addressed during trial.

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3.

Except for good cause, each party is limited to the witnesses and exhibits disclosed

in the joint proposed final pretrial order less any excluded or limited by an order in limine. Materials or witnesses used solely for impeachment need not be disclosed and may be used, subject to the rules of evidence. 4. The stipulations of facts set forth in the joint proposed final pretrial order are

approved and binding on all parties. 5. Each side shall have THREE HOURS to examine witnesses (counting direct

examination, cross-examination, re-direct examination, re-cross examination, etc.). Opening statements and closing arguments shall not count against the limit. The limits are subject to enlargement but only on the "safety-valve" terms explained at the final pretrial conference. 6. The parties shall follow the Court's current Guidelines for Trial and Final Pretrial

United States District Court

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For the Northern District of California

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Conference, separately provided and available on the Internet at http://www.cand.uscourts.gov, which guidelines are incorporated as part of this order.

IT IS SO ORDERED.

Dated: November 6, 2009.

WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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