Percelle v. Pearson et al

Filing 313

ORDER Setting Trial Date and Related Deadlines. Trial before jury will begin in Courtroom 2, 17th Floor, on Tuesday, June 28, 2016 at 9:00 AM. Pretrial Conference will be held on Monday, June 13, 2016 at 3:00 PM. Revised Joint Pretrial Conference Statement due Friday, June 3, 2016. Signed by Judge Thelton E. Henderson on 12/15/15. (tehlc1S, COURT STAFF) (Filed on 12/15/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVE DALE PERCELLE,
Plaintiff,

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v.

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STEVEN PEARSON, et al.,

Case No. 12-cv-05343-TEH
ORDER SETTING TRIAL DATE
AND RELATED DEADLINES

Defendants.

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The Court’s courtroom deputy has informed the Court that the parties in the above-

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United States District Court
Northern District of California

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captioned case have agreed upon a new trial date that is available on the Court’s calendar.

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Good cause appearing, IT IS HEREBY ORDERED that:

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1.

TRIAL DATE. Trial before a jury will begin in Courtroom No. 2 on Tuesday,

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June 28, 2016 at 9:00 AM. The trial of liability and damages shall not be separate.

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2.

PRETRIAL CONFERENCE. The Court will hold a pretrial conference on

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Monday, June 13, 2016, at 3:00 PM. Counsel who intend to try the case must attend the

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pretrial conference.

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3.

PRETRIAL CONFERENCE STATEMENT.
(a) Required Meeting and Disclosure Prior to Pretrial Conference. Lead

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counsel who will try the case shall meet and confer on or before Friday, May 13, 2016.

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At that time, they shall discuss:

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(1) Prospects for settling the action;

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(2) The preparation and content of the joint pretrial conference statement;

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(3) The preparation and exchange of pretrial materials to be served and

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lodged with the court; and

(4) Resolution of any differences between the parties regarding items (2)

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and (3) above. To the extent that such differences are not resolved, the parties must

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present the issues in the joint pretrial conference statement so that the Judge may rule on

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the disputes at the pretrial conference.

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Within one week after meeting and conferring, the parties shall file a joint

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statement, signed by all counsel, stating that they have met and conferred on the above

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issues.

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(b) Joint Pretrial Conference Statement. The parties shall file a revised joint
pretrial conference statement no later than Friday, June 3, 2016. The contents of the

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United States District Court
Northern District of California

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revised statement shall adhere to the Order for Pretrial Preparation (Docket No. 168), with

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the following exception:

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The parties’ witness lists must contain an explanation outlining (1) the matters to

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which each witness will testify, and (2) precisely how such testimony relates to one or

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more of the elements of a First Amendment Retaliation claim. The Court reminds the

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parties that the elements of a First Amendment Retaliation claim within the prison context

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are as follows:

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(1) That Defendant took some adverse action against Plaintiff

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(2) Because of

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(3) Plaintiff’s protected conduct;

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(4) Such action chilled the exercise of Plaintiff’s First Amendment rights; and

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(5) The action did not reasonably advance a legitimate correctional goal.

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The Court reminds the parties that there shall be no new witnesses, exhibits or other

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evidence in the revised joint pretrial statement, but rather the revision shall serve to clean

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up and refocus the parties on the actual issues at bar. The Court will only find evidence

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relevant under Federal Rule of Evidence 401 if it relates to the cause of action at issue.

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Furthermore, the Court will liberally apply Federal Rule of Evidence 403 such that

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even relevant evidence will not be admitted if it will confuse the issues, mislead the jury,

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needlessly present cumulative evidence or otherwise waste the Court’s time.

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IT IS SO ORDERED.

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Dated: 12/15/15

_____________________________________
THELTON E. HENDERSON
United States District Judge

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United States District Court
Northern District of California

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