Williams v. Sysco San Francisco, Inc. et al

Filing 111

FINAL PRETRIAL ORDER. Signed by Judge Maria-Elena James on 4/4/2013. (mejlc2, COURT STAFF) (Filed on 4/4/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 Northern District of California 6 7 DIWAN WILLIAMS, No. C 10-03760 MEJ Plaintiff, 8 FINAL PRETRIAL ORDER v. 9 SYSCO SAN FRANCISCO, INC., 10 Defendant. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 On April 4, 2013, the Court held a Final Pretrial Conference in this matter. This Order 14 summarizes the Court’s rulings and information about how the trial will be conducted. 15 1. The trial will proceed in Courtroom D as follows: the parties will appear at 9:00 a.m. on 16 Monday, April 8, 2013. Jury selection will commence at 9:30 a.m. The trial will start at 1:15 17 p.m. Each day thereafter, trial will begin at 9:30 a.m. with a 15-minute break at 11:00 a.m., a 18 45-minute lunch at 12:30 p.m., and a 15-minute afternoon break at 2:30 p.m. Trial will 19 conclude at 3:30 p.m. each day. 20 2. Each side has 8 hours to present their case in chief. The 8 hours includes opening and closing 21 statements, as well as Plaintiff’s rebuttal. Opening and closing statements must be limited to 22 30 minutes per side. 23 3. In order to avoid prejudice to either side, the Court will follow the normal rule regarding 24 objections to evidence and other legal points which the Court must decide: No lengthy 25 arguments in front of the jury. No sidebars. Any such argument should occur before 9:30 26 a.m. or after 3:30 p.m. unless it is unavoidable. Objections should consist of a citation to the 27 Federal Rule(s) of Evidence at issue and the applicable generic description (e.g. “relevance.”) 28 6. The parties must rise when making an objection. At the close of each trial day, counsel must disclose to the opposing party the witnesses to be 3 called the following two days and the exhibit numbers of the documents that counsel plans to 4 use on direct (other than for impeachment). Within 24 hours of such disclosure, counsel shall 5 exchange exhibit numbers to be used in cross of the witnesses (other than for impeachment). 6 Parties will not be allowed to call witnesses or use documents other than those that have been 7 previously disclosed in the Pretrial Conference Statement, and in the daily witness lists. 8 9. The Court will be empaneling an eight-person jury, with no alternates. The Court will select 9 20 people for voir dire and will present questions selected from the parties’ proposed voir dire 10 questions. Each side will get 10 minutes for follow-up voir dire. Thereafter, the parties may 11 make for-cause challenges and then peremptory challenges. Each side shall have 3 12 For the Northern District of California The parties must seek leave to approach witnesses. 2 8. UNITED STATES DISTRICT COURT 1 7. peremptory challenges. 13 10. The parties must submit a joint statement be read at the beginning of voir dire succinctly 14 describing the case and the parties’ positions. The parties have also indicated in their Pre-trial 15 Statement that they have stipulated to certain facts. The parties must prepare a stipulation of 16 those facts to be read to the jury. Both the joint statement of the case and the stipulated 17 facts must be filed no later than 9:00 a.m., April 8, 2013. 18 11. Preliminary jury instructions will be read before opening statements. The Court will give 19 Ninth Circuit Model Civil Jury Instructions 1.1B - 1.19, with the exception of Model 20 Instructions 1.4, 1.5, 1.8, 1.15, 1.16, and 1.17. The Court will not provide a copy of the 21 instructions to the jury at the beginning of the case. The Court will not instruct the jury on 22 substantive law applicable to the claims under the close of evidence when final instructions 23 are given. The parties shall confer to narrow down the disputed jury instructions they 24 have submitted. The Court will hear argument and settle jury instructions sometime near the 25 close of Plaintiff’s case-in-chief. 26 12. The parties shall have their exhibits marked and copies in binders. The exhibits, along with 27 28 2 1 exhibit and witness lists, must be delivered to the Clerk’s Office by noon on Friday, April 5, 2 2013. 3 IT IS SO ORDERED. 4 5 Dated: April 4, 2013 _______________________________ Maria-Elena James United States Magistrate Judge 6 7 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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