Alegrett et al v. City and County of San Francisco et al

Filing 101

Final Pretrial Order. Signed by Judge Maria-Elena James on May 9, 2014. (mejlc3, COURT STAFF) (Filed on 5/9/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EDUARDO ENRIQUE ALEGRETT,

Case No. 12-cv-05538-MEJ

Plaintiff,
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v.

FINAL PRETRIAL ORDER

United States District Court
Northern District of California

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CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.

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On May 8, 2014, the Court held a Final Pretrial Conference in this matter. This Order

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summarizes the Court’s rulings and provides information about how the trial will be conducted.

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

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Monday, June 9, 2014. Jury selection will commence at 9:30 a.m. The trial will start at

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1:15 p.m. Each day thereafter, trial will begin at 9:30 a.m. with a 15-minute break at 11:00

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

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

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

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closing statements, as well as Plaintiff's rebuttal. Opening statements must be limited to 30

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minutes per side and closing statements must be limited to 1 hour per side.

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3. 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

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

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“relevance.”)
4. The parties must rise when making an objection.

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5. The parties must seek leave to approach witnesses.

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6. At the close of each trial day, counsel must disclose to the opposing party the witnesses to

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

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

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counsel shall exchange exhibit numbers to be used in cross of the witnesses (other than for

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impeachment). Parties will not be allowed to call witnesses or use documents other than

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those that have been previously disclosed in the Pretrial Conference Statement, and in the

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United States District Court
Northern District of California

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daily witness lists.

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

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select 22 people for voir dire and will present questions selected from the parties’ proposed

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

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parties may make for-cause challenges and then peremptory challenges. Each side shall

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have 3 peremptory challenges. The parties are ordered to exchange proposed voir dire

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questions by May 20, 2014. Should there be any objections, the parties shall meet and

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confer, and file any objections by May 27, 2014. Any disagreement regarding the voir

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dire questions should be raised at the final pretrial conference on May 29, 2014.

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8. 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-

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

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

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stipulated facts must be filed no later than 9:00 a.m. on Monday, June 9, 2014.

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9. 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 have

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

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

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May 30, 2014.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: May 9, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge

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