Harris et al v. Costco Wholesale Corporation et al

Filing 136

PRETRIAL ORDER. Signed by Judge Claudia Wilken on 5/25/2012. (ndr, COURT STAFF) (Filed on 5/25/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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RUTHELLEN HARRIS, individually
and as personal representative to
ROBERT JEAN HARRIS, HEATHER
HARRIS, JAMIE HARRIS, and GREG
HARRIS,

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United States District Court
For the Northern District of California

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No. C 10-4626 CW
PRETRIAL ORDER

Plaintiffs,
v.
COSTCO WHOLESALE CORPORATION,
WAREHOUSE DEMO SERVICES, INC.,
CARGILL MEAT SOLUTIONS
CORPORATION, FRESH CHOICE
INTERNATIONAL, LLC AND DOES 1100, inclusive,
Defendants.
________________________________/

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A pretrial conference was held in the above entitled case on

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May 23, 2012.

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as follows:

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Plaintiffs' Motions.

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1. Granted.

The Court ruled on the parties' motions in limine

The decedent's tax history will be excluded as

long as the parties can agree upon an accurate way to inform

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the jury of his earnings history for damages purposes.
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2. Granted as unopposed.

Evidence of the decedent's 1997

bankruptcy is excluded.
3. Granted.

The decedent's medical history is excluded, except

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to the extent that it is relevant to his life expectancy.

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Hearsay within the medical records is excluded, except to

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the extent that it may be covered by a hearsay exception

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such as a statement for purposes of medical diagnosis.

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4. Granted in part.

Hearsay within hearsay contained in

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paramedics' and coroner's reports and the like is excluded

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unless a hearsay exception covers both levels of hearsay.

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A

statement of a present sense impression may cover some of

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the evidence.
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United States District Court
For the Northern District of California

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5. Granted as unopposed.

Hearsay evidence of opinions of

causation is excluded.
6. Denied.

Plaintiff makes no colorable Daubert challenge to

Defendant's experts.

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Defendant's Motions.
1. Granted as unopposed.

There will be no references to

Defendant's insurance.
2. Granted.

There does not appear to be any evidence of other

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lawsuits against Defendant, and if there were, it would be

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inadmissible unless a strong showing of relevance were made.

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3. Granted in part.

Evidence of Defendant's net worth is

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excluded.

Evidence of its experience, types of business,

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and number of customers and employers may be admitted as
relevant to its knowledge and intent.
4. Denied.

Defendant makes no colorable Daubert challenge to

Plaintiff's experts.
Discovery requests propounded after the discovery cut-off

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need not be fulfilled.

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acceptable.

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judge.

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parties shall meet and confer in an attempt to eliminate

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duplicative or cumulative witnesses, and to avoid calling any

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The proposed verdict form appears

The voir dire questions will be selected by the trial

Neither party intends to proffer discovery excerpts.

witness twice.

The

The parties shall meet and confer and attempt to

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provide both preliminary and final jury instructions, in order,
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without instructions that are unnecessary because they address

United States District Court
For the Northern District of California

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matters not relevant or not in dispute, such as course and scope

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of employment and mitigation.

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limited significance of Defendant's alleged failure to follow its

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own procedures is correct.

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Defendant's duty of care and a failure to follow them is not in

Plaintiff's instruction on the

Such procedures do not define

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itself negligence, but may be evidence of negligence.
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The case shall proceed on June 18, 2012, at 8:30 a.m. to a
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jury trial of eight days or less before the Honorable Jacqueline

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S. Corley on the consent of the parties.

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provide Judge Corley with their exhibit binders.

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pre-trial orders shall continue to apply unless Judge Corley

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modifies them.

The parties shall
This Court's

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Dated:

CLAUDIA WILKEN
United States District Judge

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cc: JSC

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