Sterling et al v. City of Antioch et al
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)
TRIAL PREPARATION STANDING ORDER
MAGISTRATE JUDGE NATHANAEL M. COUSINS
MEET AND CONFER REQUIREMENT
Counsel for all parties must meet and confer at least twenty days prior to the pretrial conference to
discuss the content of the joint pretrial conference statement, the preparation, exchange, and
lodging of other pretrial materials, and the settlement of the action.
PRETRIAL CONFERENCE STATEMENT
No less than fourteen days before the pretrial conference, the parties must file in ECF a joint
pretrial statement that contains (1) a brief description of the issues to be decided; (2) a detailed
description of the relief sought and the evidentiary material to be presented in support of such
relief; (3) a concise statement of all undisputed and stipulated facts; (4) a list of all factual issues to
be tried; (5) a list of proposed stipulations for pretrial and trial purposes; (6) a concise statement
by each party of each disputed point of law concerning liability or relief; (7) each party's proposed
conclusions of law if the action is to be tried without a jury; (8) a list of witnesses that each party
intends to call at trial and a description of the testimony each witness will give; (9) a list of items
to be offered as exhibits at trial, including a description of the substance of and each party's
objections to each exhibit; (10) an estimate of the number of court days each party will need to
present its case; (11) a list of all outstanding motions; (12) the status of settlement negotiations
and a statement as to whether further negotiations would be productive; and (13) a statement
concerning whether bifurcation or a separate trial of individual issues is necessary.
No party will be permitted without leave of court to call in its case-in-chief any witness who is not
disclosed in that party’s pretrial statement.
A party intending to call an expert witness must provide to all other parties and submit to the
Court a copy of the curriculum vitae of and any reports prepared by the expert witness.
If applicable, the parties must submit jointly to the Court via mail and via email in WordPerfect
format to firstname.lastname@example.org a set of jury instructions no less than fourteen days before the
pretrial conference. If any instructions are contested, each party must state the legal basis for
proposing or opposing the instructions.
Each party must provide to every other party a copy of all proposed exhibits. No less than
fourteen days prior to the pretrial conference, the parties must stipulate to the admissibility of each
proposed exhibit. If a stipulation is not possible with respect to any exhibit, each party must
describe in the joint pretrial statement the basis for offering or objecting to that exhibit. No party
will be permitted without leave of court to offer any exhibit in its case-in-chief that is not
disclosed in that party’s exhibit list.
AGENDA FOR PRETRIAL CONFERENCE
At the pretrial conference, the Court will (1) set a briefing schedule for any pretrial motions,
including motions in limine; (2) allocate a fixed amount of time to each party for the direct and
cross-examination of witnesses and for opening and closing statements; (3) set specific dates and
times for the trial; (4) for jury trials, determine the number of prospective jurors to be summoned
and seated and establish whether a jury questionnaire will be used to assist in jury selection; and
(5) consider any other relevant trial management matter.
SETTLEMENTS AND CONTINUANCES
Unless and until a stipulated dismissal or judgment is filed, all parties must be prepared to proceed
with the pretrial conference and trial as scheduled. Only a continuance expressly approved by the
Court will release the parties from their obligation to proceed. The parties must notify the Court
immediately in writing if they expect to reach a final settlement before the pretrial conference or
Sanctions under Federal Rule of Civil Procedure 16(f) may be imposed on any party that fails to
comply with this order.
IT IS SO ORDERED.
April 16, 2012
Nathanael M. Cousins
U.S. Magistrate Judge
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