Moeller et al v. Taco Bell Corp.

Filing 580

FINAL PRETRIAL ORDER. Signed by Judge Hamilton on 5/16/2011. (pjhlc1, COURT STAFF) (Filed on 5/16/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FRANCIE E. MOELLER, et al.,

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Plaintiffs,

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v.

No. C 02-5849 PJH
FINAL PRETRIAL ORDER

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TACO BELL CORP.,

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Defendant.
___________________________________/

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Pursuant to Rule 16(e) of the Federal Rules of Civil Procedure, this final pretrial

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order is hereby entered and shall control the course of the trial unless modified by a

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subsequent order.

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I.

DAUBERT MOTIONS

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Taco Bell’s motion to exclude testimony of plaintiff’s experts regarding their analysis
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and interpretations of the ADA Standards for Accessible Design or applicable ADA law is
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DENIED. Because the question of compliance with the regulations is a mixed question of
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fact and law, the experts from both sides will be given considerable leeway in their
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testimony, but may not offer a legal opinion on matters that are purely questions of law.
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II.

MOTIONS IN LIMINE

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1.

Plaintiffs’ Motion in Limine No. 1 to exclude testimony from 21 witnesses that

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Taco Bell disclosed on March 23, 2011 is DENIED. Taco Bell shall make the witnesses
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available for deposition before trial, and shall provide plaintiffs with a description of each
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witness’ job history with Taco Bell so that plaintiffs can decide which of the witnesses they
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wish to depose. Plaintiffs are allowed a total of 21 hours in which to depose any of these
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witnesses.

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2.

Plaintiffs’ Motion in Limine No. 2 to exclude testimony from five witnesses that

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Taco Bell disclosed on April 13, 2011 is GRANTED. However, these five witnesses may be

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called for purposes of rebuttal or impeachment.

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3.

Plaintiffs’ Motion in Limine No. 3 to allow class member witness Curtis Cone

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to present her testimony by deposition is GRANTED. However, no later than May 19,

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2011, Taco Bell must advise plaintiffs whether it wishes to further depose Ms. Cone in

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North Carolina, and if it does, the deposition must take place before trial commences.

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4.

Plaintiffs’ motion for an order shortening time to hear motion (3) above is

GRANTED.
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Taco Bell’s Motion in Limine No. 1 to exclude evidence of alleged accessibility

barriers at stores other than store No. 4518 is GRANTED.
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Taco Bell’s Motion in Limine No. 2 to exclude evidence of architectural

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barriers not enumerated in Eric McSwain’s May 9, 2009 expert report is GRANTED as

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unopposed.

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7.

Taco Bell’s Motion in Limine No. 3 to exclude evidence of “informal site visits”

by class members or other non-experts is DENIED.
8.

Taco Bell’s Motion in Limine No. 4 to exclude testimony of class members

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whom plaintiffs did not make available for deposition is GRANTED in part and DENIED in

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part. Such class members may not testify in plaintiffs’ case-in-chief, but may be called as

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rebuttal or impeachment witnesses.

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Taco Bell’s Motion in Limine No. 5 to exclude evidence of subsequent

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remedial measures to prove culpable conduct is GRANTED, but such evidence is

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admissible on other issues as permitted by the rules of evidence.

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10.

Taco Bell’s Motion in Limine No. 6 to exclude legal opinions as expert

testimony is DENIED as stated above.
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Taco Bell’s Motion in Limine No. 7 to preclude relitigation of the issue of

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standing to challenge violations of accessibility standards governing inaccessible hardware

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and inaccessible toilet paper rollers is GRANTED as unopposed.

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GRANTED as unopposed.

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Taco Bell’s Motion in Limine No. 8 to exclude evidence of deterrence claims is

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Taco Bell’s Motion in Limine No. 9 to exclude evidence of features not related

to plaintiffs’ disability is GRANTED as unopposed.

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14.

Taco Bell’s Motion in Limine No. 10 to exclude evidence regarding emotional

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distress is DENIED to the extent that the evidence bears on the issue of equivalent

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facilitation, but is GRANTED to the extent that it bears on damages.

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II.

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WITNESSES
Neither party will be permitted to call opposing counsel as a witness to authenticate

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documents or otherwise.

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III.

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EXHIBITS
No documents are subject to special treatment at trial as confidential.

IV.

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DISCOVERY EXCERPTS
The parties shall prepare, for submission on the first day of trial, the discovery

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designations and counter-designations in the form of one deposition transcript with each

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sides’ designations highlighted in a different color.

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V.

TRIAL SCHEDULE AND TIME LIMITS

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The trial will commence on June 6, 2011 at 8:30 a.m. for 8 trial days excluding

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Wednesdays. Each side will be permitted 18 hours for all examination and argument.

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IT IS SO ORDERED.

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Dated: May 16, 2011
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PHYLLIS J. HAMILTON
United States District Judge

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