Buster v. Mechanics Bank Supplemental Executive Retirement Plan et al

Filing 123

FINAL PRETRIAL ORDER. Signed by Judge Alsup on 5/18/2017. (whalc2, COURT STAFF) (Filed on 5/18/2017)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7
FOR THE NORTHERN DISTRICT OF CALIFORNIA
8
9
STEVEN K. BUSTER,

11
For the Northern District of California

United States District Court

10

Plaintiff,

12

No. C 16-01146 WHA

v.
FINAL PRETRIAL ORDER

13

MECHANICS BANK, et al.,

14

Defendants.
/

15
16
17
18

FOR GOOD CAUSE and after a final pretrial conference, the following constitutes the
final pretrial order and rulings on motions in limine:
1.

This case shall go to a BENCH TRIAL on MAY 22 AT 7:30 A.M., and shall

19

continue until completed on the schedule discussed at the conference. The issues to be tried

20

shall be those set forth in the joint proposed pretrial order except to the extent modified by

21

orders in limine. This final pretrial order supersedes the complaint, answer, counterclaim, and

22

answer to counterclaim. Only issues expressly identified for trial remain in the case.

23
24
25

2.

Rulings on the motions in limine were made on the record at the final pretrial

conference and are summarized later in this order.
3.

Except for good cause, each party is limited to the witnesses and exhibits

26

disclosed in the joint proposed pretrial order less any excluded or limited by orders in limine.

27

Materials or witnesses used solely for impeachment need not be disclosed and may be used,

28

subject to the rules of evidence.

1
2

4.

The stipulations of facts set forth in the joint proposed pretrial order are

approved and binding on all parties.

3

5.

Each side shall have SIX HOURS to examine witnesses (including direct

4

examination, cross-examination, re-direct examination, re-cross examination, etc.). Each side

5

shall also have FIFTEEN MINUTES to present opening statements. Any time allocated for closing

6

arguments shall not count against the limit. If, despite being efficient, non-duplicative, and

7

non-argumentative in the use of the allotted time, one side runs out of time and it would be a

8

miscarriage of justice to hold that side to the limit, then more time will be allotted.

9

6.

The parties shall follow the Court's current Guidelines for Trial and

Final Pretrial Conference, separately provided and available on the Internet at

11
For the Northern District of California

United States District Court

10

http://www.cand.uscourts.gov, which guidelines are incorporated as part of this order.

12
13

RULINGS ON DEFENDANTS’ MOTIONS IN LIMINE
1.

14
15
16
17

EXCLUDE EVIDENCE RE FINANCIAL BENEFIT FROM REVERSAL OF SERP ACCRUAL.
This motion is DENIED.

2.

EXCLUDE EXPERT TESTIMONY OF FRANK WISEHART.
This motion is GRANTED. Plaintiff may, however, reserve this expert for use on rebuttal

if developments at trial warrant such use, subject to objections on a question by question basis.

18
19

IT IS SO ORDERED.

20
21

Dated: May 18, 2017.

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

22
23
24
25
26
27
28
2