Sterling et al v. City of Antioch et al
Filing
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Order by Magistrate Judge Nathanael M. Cousins granting 76 Stipulation to Continue Pretrial Conference and Ordering Trial Preparation. Pretrial conference continued to October 29, 2014, at 2:00 p.m. (Attachments: # 1 Trial Standing Order) (nclc2, COURT STAFF) (Filed on 9/16/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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FRANK STERLING, and others,
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Case No. 13-cv-00812 NC
Plaintiffs,
ORDER GRANTING
STIPULATION TO CONTINUE
PRETRIAL CONFERENCE AND
ORDERING TRIAL
PREPARATION
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v.
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CITY OF ANTIOCH, and others,
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Defendants.
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A jury trial is scheduled in this case on November 10, 2014, in Courtroom A. This
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order prepares for the trial.
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1. Stipulation to Continue Pretrial Conference, dkt. no. 76: GRANTED. With
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good cause shown, the pretrial conference is continued to October 29, 2014, 2:00 p.m.
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Motions in limine are due on the schedule proposed by the parties.
2. Trial Preparation Standing Order. This order is attached and applies to this
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case.
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3. Joint Trial Readiness Binder. The parties are ordered to provide the Court with
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two copies of a Joint Trial Readiness Binder. The documents and binder are due October
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27 at 4:00 p.m. The Joint Trial Readiness Binders must contain an index and copies of
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filed documents with the ECF header reflecting the item’s docket number and filing date,
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including:
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(A) Proposed Order Re Trial Stipulations. The Court expects that the parties
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will agree to a variety of stipulations regarding the conduct of the trial. A proposed order
Case No. 13-cv-00812 NC
ORDER RE: TRIAL PREPARATION
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outlining all such stipulations must be presented to the Court.
(B) Witness Lists. An updated list of all witnesses likely to be called at trial
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(other than solely for impeachment or rebuttal), with a brief statement following each
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name describing the substance of the testimony to be given and a time estimate of the
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direct and cross examinations. This information must be presented in chart format and
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organized by party.
(C) Expert Witness Lists. An updated list of all expert witnesses with a
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summary which must clearly state the expert’s theories and conclusions; a curriculum
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vitae; and expert reports. Witnesses not included on the list may be excluded from
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testifying.
(D) Updated Exhibit Lists Annotated with Stipulations/Objections. An
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updated list of all documents and other items to be offered as exhibits at the trial (other
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than solely for impeachment or rebuttal) must be provided with a brief description of each
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exhibit’s contents, and the identity of each sponsoring witness. As applicable, the exhibit
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list must specify whether the parties stipulate to admit the exhibit or the grounds for any
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objections to the exhibit. The exhibit list must also include an additional column so that
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the Court can track the date on which each exhibit is admitted. Prior to submitting the
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list, the parties must meet and confer and attempt to stipulate as to the admissibility of
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each exhibit. This information must be presented in chart format and organized
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numerically.
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(E) Updated List of Discovery Excerpts. The parties must list those excerpts
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from depositions, from interrogatory answers, or from responses to requests for admission
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(other than those solely for impeachment or rebuttal) likely to be used at trial. Prior to
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submitting the list, the parties must meet and confer and attempt to resolve any
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disagreements regarding designations or counter-designations. The parties must (i)
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identify any remaining legal objections to the excerpts on the list itself, and (ii) attach in a
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separate appendix copies of the disputed excerpts so that the Court can review the
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disputed materials. The parties must provide a single proposed order with each disputed
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ORDER RE: TRIAL PREPARATION
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designation which will allow the Court to rule whether permission to use each is granted,
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granted with modification, or denied.
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4. Electronic Copies of Trial Documents. The parties must send an electronic
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copy in Word format to ncpo@cand.uscourts.gov of the following documents listed
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above: (i) Proposed Order Re Trial Stipulations; and (ii) Proposed Order Re Discovery
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Excerpts.
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5. Stipulations re Admissibility. The parties must make a good faith effort to
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stipulate to exhibits’ admissibility. If stipulation is not possible, the parties must make
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every effort to stipulate to authenticity and foundation absent a legitimate objection.
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6. Copies of Exhibits to Court. Exhibits must be provided to the Court on the
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Thursday prior to the trial date as follows: two sets of exhibits marked, tabbed, indexed,
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and to be provided in binders. Exhibits sets may be delivered/mailed directly to
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Chambers. The parties must otherwise coordinate with the Courtroom Deputy for other
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delivery.
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Each exhibit must be pre-marked with an exhibit tag placed in the top right corner
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of the first page of a document. Parties are to use a color other than white for the exhibit
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tags. A page of blank trial exhibit tags can be found on the Court’s website. If an exhibit
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is a physical object (rather than a document), a picture should be taken and placed in the
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binder.
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7. Disposition of Exhibits after Trial. Upon the conclusion of the trial, each party
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must retain its exhibits through the appellate process. It is each party’s responsibility to
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make arrangements with the Clerk of Court to file the record on appeal.
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8. Scheduling of Jury Selection. The jury will be selected November 10.
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November 11 is a federal holiday. Opening statements and the first witness will be called
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November 12.
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9. Miscellaneous.
(A) Witness Photographs. The Court may take a photograph of each witness
prior to the witness’ testimony to assist the trier of fact with recalling the testimony.
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Please advise your witnesses.
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(B) Electronic Equipment. If a party wishes to use electronic equipment or
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other large items (such as bookshelves), the party must file a request and proposed order
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with the Court by October 27. Equipment not provided by the Court must be tested in the
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courtroom prior to the day when it will be used. Arrangements may be made with the
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Courtroom Deputy, Lili Harrell at (415) 522-2039, as to an appropriate time for doing so.
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IT IS SO ORDERED.
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Date: September 16, 2014
_________________________
Nathanael M. Cousins
United States Magistrate Judge
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Case No. 13-cv-00812 NC
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