Minter et al v. City of San Pablo et al

Filing 39

PRETRIAL ORDER: Case Management Statement due by 8/8/2013. Case Management Conference set for 8/15/2013 at 1:30 PM in Courtroom F, 15th Floor, San Francisco. Discovery due by 7/20/2013. Motions due by 11/18/2013. Pretrial Order due by 2/20/2014. Pretrial Conference set for 2/27/2014 at 2:00 PM in Courtroom F, 15th Floor, San Francisco. Jury Selection set for 3/17/2014 at 8:30 AM in Courtroom F, 15th Floor, San Francisco. Jury Trial set for 3/17/2014 - 3/27/2014 at 8:30 AM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Signed by Judge Jacqueline Scott Corley on December 13, 2012. (wsn, COURT STAFF) (Filed on 12/13/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 12 PRETRIAL ORDER Plaintiffs, 13 14 Case No. 12-02905 JSC RHONDA MINTER, et al., v. CITY OF SAN PABLO, et al., 15 Defendants. / 16 Following the Case Management Conference held on December 13, 2012, IT IS HEREBY 17 18 ORDERED THAT 19 I. SCHEDULING 20 Completion of Non-Expert Discovery: July 20, 2013 21 Expert Disclosure Deadline: September 11, 2013 22 Rebuttal Expert Disclosure Deadline: September 25, 2013 23 Completion of Expert Discovery October 8, 2013 24 Last Day to Hear Dispositive Motions November 18, 2013 25 A further Case Management Conference is set for August 15, 2013 at 1:30 p.m. in 26 Courtroom F, 15th Floor, U.S. District Court, 450 Golden Gate, San Francisco, California. The 27 parties shall file a Joint Case Management Conference Statement by August 8, 2013. 28 1 II. 2 3 A. 6 7 8 9 United States District Court For the Northern District of California 10 Jury trial will begin on March 17, 2014, at 8:30 a.m., in Courtroom F, 15th Floor, U.S. District Court, 450 Golden Gate, San Francisco, California. 4 5 TRIAL DATE B. III. The Court is expecting the length of the trial to not exceed nine court days. PRETRIAL CONFERENCE A Final Pretrial Conference shall be held on February 27, 2014, at 2:00 p.m., in Courtroom F, 15th Floor. Lead trial counsel for each party shall attend. A. At least seven days prior to date of the Final Pretrial Conference the parties shall do the following: 1. In lieu of preparing a Joint Pretrial Conference Statement, the parties shall 11 meet and confer in person, and then prepare and file a jointly signed Proposed Final Pretrial Order 12 that contains: (a) a brief description of the substance of claims and defenses which remain to be 13 decided; (b) a statement of all relief sought; (c) all stipulated facts; (d) a joint exhibit list in 14 numerical order, including a brief description of the exhibit and Bates numbers, a blank column for 15 when it will be offered into evidence, a blank column for when it may be received into evidence, and 16 a blank column for any limitations on its use; and (e) each party’s separate witness list for its case- 17 in-chief witnesses (including those appearing by deposition), including, for all such witnesses (other 18 than party plaintiffs or defendants), a short statement of the substance of his/her testimony and, 19 separately, what, if any, non-cumulative testimony the witness will offer. For each witness, state an 20 hour/minute time estimate for the direct examination (only). Items (d) and (e) should be submitted 21 as appendices to the proposed order. The proposed order should also state which issues, if any, are 22 for the Court to decide, rather than the jury. 23 2. File a joint set of proposed instructions on substantive issues of law arranged 24 in a logical sequence. If undisputed, an instruction shall be identified as “Stipulated Instruction No. 25 ____ Re ___________,” with the blanks filled in as appropriate. If disputed, each version of the 26 instruction shall be inserted together, back to back, in their logical place in the overall sequence. 27 Each such disputed instruction shall be identified as, for example, “Disputed Instruction No. ____ 28 Re ____________ Offered by _________________,” with the blanks filled in as appropriate. All 2 1 disputed versions of the same basic instruction shall bear the same number. Any modifications to a 2 form instruction must be plainly identified. If a party does not have a counter version and simply 3 contends that no such instruction in any version should be given, then that party should so state (and 4 explain why) on a separate page inserted in lieu of an alternate version. With respect to form 5 preliminary instructions, general instructions, or concluding instructions, please simply cite to the 6 numbers of the requested instructions in the current edition of the Ninth Circuit Model Jury 7 Instructions. Other than citing the numbers, the parties shall not include preliminary, general, or 8 concluding instructions in the packet. 9 United States District Court For the Northern District of California 10 3. File a separate memorandum of law in support of each party’s disputed instructions, if any, organized by instruction number. 11 4. 12 separate requests. 13 5. File trial briefs on any controlling issues of law. 14 6. File proposed verdict forms, joint or separate. 15 7. File and serve any objections to exhibits. 16 8. File a joint simplified Statement of the Case to be read to the jury during voir File a joint set of proposed voir dire questions supplemented as necessary by 17 dire as part of the proposed jury instructions. Unless the case is extremely complex, this statement 18 should not exceed one page. 19 B. Any motions in limine shall be submitted as follows: at least twenty (20) calendar 20 days before the conference, the moving party shall serve, but not file, the opening brief. At least ten 21 (10) calendar days before the conference, the responding party shall serve the opposition. There will 22 be no reply. When the oppositions are received, the moving party should collate the motion and the 23 opposition together, back-to-back, and then file the paired sets at least seven (7) calendar days 24 before the conference. Each motion should be presented in a separate memorandum and properly 25 identified, for example, “Plaintiff’s Motion in Limine No. 1 to Exclude . . . .” Each party is limited 26 to bringing five motions in limine. The parties are encouraged to stipulate where possible, for 27 example, as to the exclusion of witnesses from the courtroom. Each motion should address a single, 28 separate topic, and contain no more than seven pages of briefing per side. 3 1 C. Hard-copy courtesy copies of the above documents shall be delivered by NOON the 2 day after filing. The Joint Proposed Final Pretrial Order, jury instructions, and verdict form shall be 3 submitted via e-mail as attachments to The Court requests that all hard- 4 copy submissions be three-hole-punched. 5 IV. 6 PRETRIAL ARRANGEMENTS A. Should a daily transcript and/or real-time reporting be desired, the parties shall make 7 arrangements with Debra Campbell, Supervisor of the Court Reporting Services, at (415) 522-2079, 8 at least ten (10) calendar days prior to the trial date. 9 B. During trial, counsel may wish to use overhead projectors, laser-disk/computer United States District Court For the Northern District of California 10 graphics, poster blow-ups, models, or specimens of devices. Equipment should be shared by all 11 counsel to the maximum extent possible. The Court provides no equipment other than an easel. The 12 United States Marshal requires a court order to allow equipment into the courthouse. For electronic 13 equipment, parties should be prepared to maintain the equipment or have a technician handy at all 14 times. The parties shall tape extension cords to the carpet for safety. The parties may work with the 15 deputy clerk, Ada Means (415-522-2015), on all courtroom-layout issues. 16 SCHEDULING 17 Trial will be conducted from 8:30 a.m. to 2:30 or 3:00 p.m., depending on the preference of 18 the jury and the parties, Monday through Friday. Counsel must arrive by 8:15 a.m., or earlier as 19 needed, for any matters to be heard out of the presence of the jury. The jury will be called at 8:30 20 a.m. 21 22 THE JURY In civil cases, there are no alternate jurors and the jury is selected as follows: 23 Eighteen to twenty jurors are called to fill the jury box and the row in front of the bar, and are given 24 numbers (1 through 18). The remaining potential jurors will be seated in the public benches. 25 Hardship excuses will usually be considered at this point. The Court will then ask questions of those 26 in the box and in the front of the bar. Counsel may then conduct a limited voir dire. Challenges for 27 cause will then be addressed out of the presence of the potential jurors. The Court will consider 28 whether to fill in the seats of the stricken jurors. If so, questions will be asked of the additional 4 1 jurors and cause motions as to them will be considered. After a short recess, each side may exercise 2 its allotment of peremptory challenges out of the presence of the potential jurors. The eight (or such 3 other size as will constitute the jury) surviving the challenge process with the lowest numbers 4 become the final jury. For example, if the plaintiff strikes 1, 5, and 7 and the defendant strikes 2, 4, 5 and 9, then 3, 6, 8, 10, 11, 12, 13, and 14 become the final jury. If more (or fewer) than eight jurors 6 are to be seated, then the starting number will be adjusted. So too if more than a total of six 7 peremptories are allowed. Once the jury selection is completed, the jurors’ names will be read again 8 and they will be seated in the jury box and sworn. The Court may alter this procedure in its 9 discretion and after consultation with the parties. United States District Court For the Northern District of California 10 WITNESSES 11 At the close of each trial day, all counsel shall exchange a list of witnesses for the 12 next two full court days and the exhibits that will be used during direct examination (other than 13 for impeachment of an adverse witness). Within 24 hours of such notice, all other counsel shall 14 provide any objections to such exhibits and shall provide a list of all exhibits to be used with the 15 same witness on cross-examination (other than for impeachment). The first notice shall be 16 exchanged prior to the first day of trial. All such notices shall be provided in writing. 17 18 EXHIBITS A. Prior to the Final Pretrial Conference, counsel must meet and confer in person to 19 consider all exhibit numbers and objections and to eliminate duplicate exhibits and confusion 20 over the precise exhibit. 21 B. Use numbers only, not letters, for exhibits, preferably the same numbers as were 22 used in depositions. Blocks of numbers should be assigned to fit the need of the case (e.g., Plaintiff 23 has 1 to 100, Defendant A has 101 to 200, Defendant B has 201 to 300, etc.). A single exhibit 24 should be marked only once. If the plaintiff has marked an exhibit, then the defendant should not re- 25 mark the exact document with another number. Different versions of the same document, e.g., a 26 copy with additional handwriting, must be treated as different exhibits with different numbers. To 27 avoid any party claiming “ownership” of an exhibit, all exhibits shall be marked and referred to as 28 “Trial Exhibit No. _____,” not as “Plaintiff’s Exhibit” or “Defendant’s Exhibit.” 5 1 C. The exhibit tag shall be in the following form: 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 4 TRIAL EXHIBIT 100 5 6 Case No. ________________ 7 Date Entered _____________ 8 By______________________ Deputy Clerk 9 United States District Court For the Northern District of California 10 Counsel preferably will 11 make the tag up in a color that will stand out (yet still allow for 12 photocopying), but that is not essential. Place the tag on or near the lower right-hand corner or, 13 if a photograph, on the back. Counsel should fill in the tag but leave the last two spaces blank. 14 The parties must jointly prepare a single set of all trial exhibits that will be the official record set 15 to be used with the witnesses and on appeal. Each exhibit must be tagged, three-hole-punched, 16 separated with a label divider identifying the exhibit number, and placed in 3-ring binders. Spine 17 labels should indicate the numbers of the exhibits that are in the binders. Each set of exhibit binders 18 should be marked as “Original.” Deposit the exhibits with the deputy clerk seven (7) days before 19 the Pretrial Conference. 20 D. Counsel must consult with each other and with the deputy clerk at the end of each 21 trial day and compare notes as to which exhibits are in evidence and any limitations thereon. If there 22 are any differences, counsel should bring them promptly to the Court’s attention. 23 E. In addition to the official record exhibits, a single, joint set of bench binders 24 containing a copy of the exhibits must be provided to the Court seven (7) days before the Pretrial 25 Conference, and should be marked as “Chambers Copies.” Each exhibit must be separated with a 26 label divider identifying the exhibit number. (An exhibit tag is unnecessary for the bench set.) 27 Spine labels should indicate the numbers of the exhibits that are in the binders. 28 F. Before the closing arguments, counsel must confer with the deputy clerk to make 6 1 2 sure the exhibits in evidence are in good order. G. Exhibit notebooks for the jury will not be permitted without prior permission from the 3 Court. Publication must be by poster blow-up, overhead projection, or such other method as is 4 allowed in the circumstances. It is permissible to highlight, circle or underscore in the enlargements 5 as long as it is clear that it was not on the original. 6 7 CHARGING CONFERENCE As the trial progresses and the evidence is heard, the Court will fashion a comprehensive set 8 of jury instructions to cover all issues actually being tried. Prior to the close of the evidence, the 9 Court will provide a draft final charge to the parties. After a reasonable period for review, one or United States District Court For the Northern District of California 10 more charging conferences will be held at which each party may object to any passage, ask for 11 modifications, or ask for additions. Any instruction request must be renewed specifically at the 12 conference or it will be deemed waived, whether or not it was requested prior to trial. If, however, a 13 party still wishes to request an omitted instruction after reviewing the Court’s draft, then it must 14 affirmatively re-request it at the charging conference in order to give the Court a fair opportunity to 15 correct any error. Otherwise, as stated, the request will be deemed abandoned or waived. 16 17 IT IS SO ORDERED. 18 19 20 21 Dated: December 13, 2012 ________________________ JACQUELINE SCOTT CORLEY United States Magistrate Judge 22 23 24 25 26 27 28 7

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