Guerrero v. California Department of Corrections & Rehabilitation et al

Filing 242

ORDER REGARDING FORMAT OF PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER BENCH TRIAL. Signed by Judge Alsup on 6/22/2015. (whalc2, COURT STAFF) (Filed on 6/22/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VICTOR GUERRERO,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 13-05671 WHA

v.
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION;
STATE PERSONNEL BOARD; et al.,

ORDER REGARDING FORMAT
OF PROPOSED FINDINGS OF
FACT AND CONCLUSIONS OF
LAW AFTER BENCH TRIAL

Defendants.

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By JUNE 26, 2015 AT NOON, all sides shall file and serve by email proposed findings of

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fact, each identified by number. Each proposed finding should be concise and limited to one or

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two or (at most) three lines of text (exclusive of any block quotes from trial exhibits) followed

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by exact trial record cites fully supporting the proposed finding. The proposals should be at a

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level of specificity/generality so as to fit within the page limit set forth below. As a rule of

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thumb, less controverted subjects may be captured in more generalized proposed findings; more

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controversial subjects, however, usually require greater specificity and more proposed findings.

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Block quotes and record cites may be single-spaced (and indented) but otherwise the proposals

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should be double-spaced. Example:

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1.

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Gough, the light was red in his direction.

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When defendant went through the intersection of Hayes and

Jones at RT 97:1–3
Young at RT 15:11–12
The same submission should also set forth each proposed conclusion of law. Each
proposed conclusion of law must briefly identify the proposed findings of fact supporting the

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conclusion and the legal authority therefor (quoting the key language of said authority). The

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overall length of the submission must be TWENTY-FIVE PAGES OR LESS.

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By JULY 13 AT NOON, the opposing side must file and serve by email a response. The

agrees with the proposed finding and if not in full agreement, then the full extent to which,

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considering the duty of good faith and candor, the responding party admits the proposed

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finding. To the extent that the responding side objects in any respect to the proposed finding, it

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must state (i) the extent to which the opposition is based on a failure of the record cites to

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support the proposal (explaining why they do not support it) and (ii) the extent to which the

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objection is based on contrary evidence (citing the contrary evidence) or lack of credibility

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For the Northern District of California

response must state, separately as to each proposed finding, whether the responding party

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United States District Court

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(citing relevant evidence). Example:

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1.

Agree that the light was red but the light had just changed a

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split second before.
Mack RT 42:17–18

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The submission shall similarly state the extent to which the responding party agrees with

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each conclusion of law proposed by the other side. If there is any disagreement, the responding

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side must state (i) the extent to which the disagreement is based on a failure of the supporting

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findings, (ii) the extent to which the disagreement is based on a failure of the cited authorities to

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support the conclusion, and (iii) the extent to which contrary authorities contradict the legal

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basis for the proposed conclusion.

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The responding submission should reproduce each original finding or conclusion and

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then, immediately after each, supply the responsive information. It may not exceed twice the

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overall number of pages used by the submission to which it responds.

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Please do not ask for an extension.

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IT IS SO ORDERED.

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Dated: June 22, 2015.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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