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

Filing 99

Proposed Pretrial Order. Signed by Judge Maria-Elena James on May 7, 2014. (mejlc3, COURT STAFF) (Filed on 5/7/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 EDUARDO ENRIQUE ALEGRETT, Case No. 12-cv-05538-MEJ Plaintiff, 8 v. PROPOSED PRETRIAL ORDER 9 10 United States District Court Northern District of California 11 CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants. 12 13 On May 8, 2014, the Court will hold a Final Pretrial Conference in this matter. This Order 14 summarizes the Court’s rule and provides information about how the trial will be conducted. The 15 Court will issue a Final Pretrial Order at the conclusion of the hearing. 16 1. The trial will proceed in Courtroom D as follows: the parties will appear at 9:00 a.m. on 17 Monday, June 9, 2014. Jury selection will commence at 9:30 a.m. The trial will start at 18 1:15 p.m. Each day thereafter, trial will begin at 9:30 a.m. with a 15-minute break at 11:00 19 a.m., a 45-minute lunch at 12:30 p.m., and a 15-minute afternoon break at 2:30 p.m. Trial 20 will conclude at 3:30 p.m. each day. 21 2. Each side has 8 hours to present their case in chief. The 8 hours includes opening and 22 closing statements, as well as Plaintiff's rebuttal. Opening statements must be limited to 30 23 minutes per side and closing statements must be limited to 1 hour per side. 24 3. In order to avoid prejudice to either side, the Court will follow the normal rule regarding 25 objections to evidence and other legal points which the Court must decide: No lengthy 26 arguments in front of the jury. No sidebars. Any such argument should occur before 9:30 27 a.m. or after 3:30 p.m. unless it is unavoidable. Objections should consist of a citation to 28 the Federal Rule(s) of Evidence at issue and the applicable generic description (e.g. 1 “relevance.”) 2 4. The parties must rise when making an objection. 3 5. The parties must seek leave to approach witnesses. 4 6. At the close of each trial day, counsel must disclose to the opposing party the witnesses to 5 be called the following two days and the exhibit numbers of the documents that counsel 6 plans to use on direct (other than for impeachment). Within 24 hours of such disclosure, 7 counsel shall exchange exhibit numbers to be used in cross of the witnesses (other than for 8 impeachment). Parties will not be allowed to call witnesses or use documents other than 9 those that have been previously disclosed in the Pretrial Conference Statement, and in the 10 United States District Court Northern District of California 11 daily witness lists. 7. The Court will be empaneling an eight-person jury, with no alternates. The Court will 12 select 20 people for voir dire and will present questions selected from the parties’ proposed 13 voir dire questions. Each side will get 10 minutes for follow-up voir dire. Thereafter, the 14 parties may make for-cause challenges and then peremptory challenges. Each side shall 15 have 3 peremptory challenges. 16 8. The parties must submit a joint statement be read at the beginning of voir dire succinctly 17 describing the case and the parties’ positions. The parties have also indicated in their Pre- 18 trial Statement that they have stipulated to certain facts. The parties must prepare a 19 stipulation of those facts to be read to the jury. Both the joint statement of the case and the 20 stipulated facts must be filed no later than 9:00 a.m. on Monday, June 9, 2014. 21 9. Preliminary jury instructions will be read before opening statements. The Court will give 22 Ninth Circuit Model Civil Jury Instructions 1.1B - 1.19, with the exception of Model 23 Instructions 1.4, 1.5, 1.8, 1.15, 1.16, and 1.17. The Court will not provide a copy of the 24 instructions to the jury at the beginning of the case. The Court will not instruct the jury on 25 substantive law applicable to the claims under the close of evidence when final instructions 26 are given. The parties shall confer to narrow down the disputed jury instructions they have 27 submitted. The Court will hear argument and settle jury instructions sometime near the 28 close of Plaintiff’s case-in-chief. 2 1 10. The parties shall have their exhibits marked and copies in binders. The exhibits, along 2 with exhibit and witness lists, must be delivered to the Clerk’s Office by noon on Friday,. 3 IT IS SO ORDERED. 4 5 6 7 Dated: May 7, 2014 ______________________________________ MARIA-ELENA JAMES United States Magistrate Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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