Steward v. County of Santa Clara et al

Filing 122

FINAL PRETRIAL SCHEDULING ORDER (Illston, Susan) (Filed on 4/21/2021)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AARON STEWARD.,
Plaintiff,

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COUNTY OF SANTA CLARA, et al.,
Defendants.

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United States District Court
Northern District of California

FINAL PRETRIAL SCHEDULING
ORDER

v.

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Case No. 18-cv-4119 SI

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On April 13, 2021 and April 16, 2021, the Court held a final pretrial conferences in the above
captioned matter, which is set for remote bench trial via Zoom beginning April 26, 2021. All parties

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were represented by counsel. The following matters were resolved:
1.

Pandemic restrictions: Because of the restrictions imposed by the COVID 19

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pandemic, the parties have agreed to conduct this bench trial remotely via Zoom, with no parties in

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the courtroom. In addition, plaintiff agreed to forego being present throughout the remote bench

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trial. Plaintiff will only be present to provide testimony.

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2.

Trial exhibits: No later than April 21, 2021, the parties shall file both a list of (1)

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trial exhibits for admitted/stipulated exhibits and (2) trial exhibits, with objections, for objected-to

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exhibits. No later than Monday, April 26, 2021, the parties shall provide a hard-copy of their trial

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exhibits, in binders with numbered tabs separating and identifying each exhibit.

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3.
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Graphics: No later than April 21, 2021, the parties shall exchange graphics intended

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to be used during the remote bench trial. No later than April 26, 2021, the parties shall provide the
Court with hard-copies of graphics to be used during the trial.

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4.

Timing of trial: Defendants estimated the trial should take 5 days; plaintiff did not

provide a time estimate. After discussions with the parties at both pretrial conferences, it was
determined that plaintiff expects to call 6 witnesses; defendants expect to call far fewer than the 17

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witnesses listed in their pretrial conference statement; the trial day will run from 9 am to 5 pm
(including breaks); and that neither opening statements nor closing arguments will be required at
this time. It therefore appears that this matter may be completed in 4 trial days, or 24 trial hours.

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United States District Court
Northern District of California

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Hence each side shall have up to 12 hours total for presentation of evidence, which includes

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direct and cross-examination and presentation of all exhibits.

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5.

Trial schedule: Trial will begin on Monday, April 26, 2021 at 9:00 a.m. The trial

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day runs from 9:00 a.m. until 5:00 p.m., with a 15 minute break at 10:30 a.m., a 45 minute break at
noon and a 15 minute break at 3:00 p.m., all times approximate.

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6. Witnesses: Since plaintiff and several of his witnesses are in the custody of the CDCR,

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counsel and the Court have worked with the facilities where they are housed to assure their remote

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(via Zoom video) testimony at trial. Plaintiff has informed the Court that Mr. Steward, who is

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housed at Pelican Bay state prison, will be made available on Zoom video from 9 am to 12 pm on
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Tuesday, April 27, 2021 and from 9 am to 12 pm on Wednesday, April 28, 2021. The parties have

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worked together to coordinate the scheduling of the testimony of the other witnesses; their current

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plan is as follows:

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Date
Monday, April 26

Plaintiff Witnesses

Defense Witnesses

Thomas Baines

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Darnell Earby

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Andrew Johnson

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Tuesday, April 27

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Dmarco Hal

Time permitting, Timothy Davis.

Aaron Steward
Wednesday, April 28

Aaron Steward (if necessary)

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Timothy Davis
Christopher Graham

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Nicholas Holly

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Mahalia McCoy

United States District Court
Northern District of California

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Jeffrey Nekomoto

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Bobby Vasquez

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Thursday, April 29

Anthony Alvarez

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Jonathan Benson

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Joseph Bettencourt

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Jose Morales

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Brendan Omari

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Mario Perez

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Bradley Reagan

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Rico West

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The Court will take witnesses out of order if required to complete the trial in a timely manner.
IT IS SO ORDERED.

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Dated: April 21, 2021
______________________________________
SUSAN ILLSTON
United States District Judge

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