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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UNITED STATES DISTRICT COURT

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Northern District of California

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DIWAN WILLIAMS,

No. C 10-03760 MEJ
Plaintiff,

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FINAL PRETRIAL ORDER

v.
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SYSCO SAN FRANCISCO, INC.,
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Defendant.
_____________________________________/

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For the Northern District of California

UNITED STATES DISTRICT COURT

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On April 4, 2013, the Court held a Final Pretrial Conference in this matter. This Order

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The trial will proceed in Courtroom D as follows: the parties will appear at 9:00 a.m. on

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Monday, April 8, 2013. Jury selection will commence at 9:30 a.m. The trial will start at 1:15

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p.m. Each day thereafter, trial will begin at 9:30 a.m. with a 15-minute break at 11:00 a.m., a

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45-minute lunch at 12:30 p.m., and a 15-minute afternoon break at 2:30 p.m. Trial will

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conclude at 3:30 p.m. each day.

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Each side has 8 hours to present their case in chief. The 8 hours includes opening and closing

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statements, as well as Plaintiff’s rebuttal. Opening and closing statements must be limited to

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30 minutes per side.

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In order to avoid prejudice to either side, the Court will follow the normal rule regarding

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objections to evidence and other legal points which the Court must decide: No lengthy

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arguments in front of the jury. No sidebars. Any such argument should occur before 9:30

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a.m. or after 3:30 p.m. unless it is unavoidable. Objections should consist of a citation to the

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Federal Rule(s) of Evidence at issue and the applicable generic description (e.g. “relevance.”)

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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

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called the following two days and the exhibit numbers of the documents that counsel plans to

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use on direct (other than for impeachment). Within 24 hours of such disclosure, counsel shall

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exchange exhibit numbers to be used in cross of the witnesses (other than for impeachment).

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Parties will not be allowed to call witnesses or use documents other than those that have been

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previously disclosed in the Pretrial Conference Statement, and in the daily witness lists.

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The Court will be empaneling an eight-person jury, with no alternates. The Court will select

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20 people for voir dire and will present questions selected from the parties’ proposed voir dire

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questions. Each side will get 10 minutes for follow-up voir dire. Thereafter, the parties may

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make for-cause challenges and then peremptory challenges. Each side shall have 3

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For the Northern District of California

The parties must seek leave to approach witnesses.

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UNITED STATES DISTRICT COURT

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peremptory challenges.

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The parties must submit a joint statement be read at the beginning of voir dire succinctly

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describing the case and the parties’ positions. The parties have also indicated in their Pre-trial

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Statement that they have stipulated to certain facts. The parties must prepare a stipulation of

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those facts to be read to the jury. Both the joint statement of the case and the stipulated

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facts must be filed no later than 9:00 a.m., April 8, 2013.

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Preliminary jury instructions will be read before opening statements. The Court will give

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Ninth Circuit Model Civil Jury Instructions 1.1B - 1.19, with the exception of Model

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Instructions 1.4, 1.5, 1.8, 1.15, 1.16, and 1.17. The Court will not provide a copy of the

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instructions to the jury at the beginning of the case. The Court will not instruct the jury on

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substantive law applicable to the claims under the close of evidence when final instructions

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are given. The parties shall confer to narrow down the disputed jury instructions they

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have submitted. The Court will hear argument and settle jury instructions sometime near the

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close of Plaintiff’s case-in-chief.

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The parties shall have their exhibits marked and copies in binders. The exhibits, along with

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exhibit and witness lists, must be delivered to the Clerk’s Office by noon on Friday, April 5,

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2013.

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IT IS SO ORDERED.

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5 Dated: April 4, 2013
_______________________________
Maria-Elena James
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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