Arden v. Kastell et al

Filing 130

ORDER ON PRETRIAL STIPULATIONS. Signed by Judge Nathanael Cousins on 10/2/2014. (lmh, COURT STAFF) (Filed on 10/2/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARY ARDEN,

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Plaintiff,

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Case No. 3:10-cv-00436 NC
ORDER ON PRETRIAL STIPULATIONS

vs.

TRIAL DATE: OCTOBER 14, 2014

FRANK KASTELL,

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Defendant.

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1. Pursuant to the stipulations set forth in the Joint Pretrial Conference Statement (Document
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108, the “JPCS”), the Court adopts the following as an Order of the Court.
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2. The following facts are stipulated:
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a. Arden was an employee of Smarte Carte on February 2nd and 3rd, 2009.

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b. Both the February 2nd and 3rd surveillance videos (the “Videos”) are authentic.

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c. The Videos were recorded on February 2nd and 3rd, 2009 by San Francisco International

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Airport or the San Francisco Police Department (“SFPD”), but not the San Mateo County Sheriff’s
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Office.
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d. Kastell wrote a police report, Exhibit 1 (“Kastell’s Report”).
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e. Kastell’s Report was an investigative report prepared by a peace officer for his
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employer, the San Mateo County Sheriff’s Office.
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f. Kastell’s Report was sent to the San Mateo County District Attorney.
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Case No. 3:10-cv-00436 NC
ORDER ON PRETRIAL STIPULATIONS

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3. Counsel for the parties having additionally agreed to the following procedural stipulations,

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either in the JPCS, or in open court at the Pretrial Conference held October 1, 2014, the following matters

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are stipulated:

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a. Court records, including the docket, motions, orders and hearing transcripts from the

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San Mateo County Superior Court produced by plaintiff in this litigation are deemed authenticated;

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b. All documents that were made exhibits to any depositions taken in the action are

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deemed authenticated;
c. Experts for both parties shall testify only regarding those opinions expressed in their
reports and/or their depositions;

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d. The jury shall be charged on punitive damages only after a finding of liability; and

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e. Frank Kastell shall submit to the Court in camera documents sufficient to establish his

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net worth following a finding by the jury, sufficient to proceed with a second phase of trial on the issue

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of punitive damages.

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f. The parties shall coordinate subpoena service to avoid duplication and agree not to
dismiss any witness subpoenaed until the opposing side has concluded examination of the witness.

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Dated: October 2, 2014
Nathanael M. Cousins
United States Magistrate Judge

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Case No. 3:10-cv-00436 NC

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ORDER ON PRETRIAL STIPULATIONS