Collier v. Hennessy et al

Filing 105

ORDER re 104 Appointing Counsel and Setting Case Management Conference Date. Case Management Conference set for 7/27/2010 02:00 PM. Signed by Judge Claudia Wilken on 6/30/2010. (ndr, COURT STAFF) (Filed on 6/30/2010)

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Collier v. Hennessy et al Doc. 105 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA TREMAYNE COLLIER, Plaintiff, No. C 06-01143 CW (PR) ORDER APPOINTING COUNSEL AND SETTING CASE MANAGEMENT CONFERENCE DATE SHERIFF M. HENNESSEY, et al., Defendants. / The Court having determined that it would be beneficial to have counsel assist Plaintiff in this matter and volunteer counsel willing to be appointed to represent Plaintiff having been located by the Court, IT IS HEREBY ORDERED THAT Nathan A. Greenblatt, Esq. (SBN 262279), Luiz A.S. Arroyo, Esq. (SBN 267682), and Gregory D. Hull, Esq. (SBN 57367) of Weil, Gotshal & Manges LLP, are appointed as counsel for Plaintiff in this matter pursuant to 28 U.S.C. 1915(e)(1) and the Court's Federal Pro Bono Project guidelines. The Clerk of the Court shall send a copy of this Order to Plaintiff's counsel at Weil, Gotshal & Manges LLP, 201 Redwood Shores Parkway, Redwood Shores, California 94065. The Clerk of the Court shall also send a copy of this Order to Plaintiff, and to Defendants' counsel. IT IS FURTHER ORDERED THAT a case management conference will be held on July 27, 2010, at 2:00 p.m. Counsel shall comply with the attached Order for Pretrial Preparation. In light of the appointment of counsel, Plaintiff's motion for appointment of counsel (docket no. 104) is GRANTED, and his Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 remaining pending motions (docket nos. 74, 86, 87, 88, 89, 90, 93, 94, 95, 96, 97, 98, 103) are DENIED WITHOUT PREJUDICE to refiling by counsel if counsel deems it advisable. This Order terminates Docket nos. 74, 86, 87, 88, 89, 90, 93, 94, 95, 96, 97, 98, 103 and 104. IT IS SO ORDERED. DATED: 6/30/2010 CLAUDIA WILKEN United States District Judge 2 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (rev. 10/10/07) (order attached rev. 6/29/10) NOTICE Case Management Conferences and Pretrial Conferences are conducted on Tuesdays at 2:00 p.m. Criminal Law and Motion calendar is conducted on Wednesdays at 2:00 p.m. for defendants in custody and 2:30 p.m. for defendants not in custody. Civil Law and Motion calendar is conducted on Thursdays at 2:00 p.m. Order of call is determined by the Court. Counsel need not reserve a hearing date for civil motions; however, counsel are advised to check the legal newspapers or the Court's website at www.cand.uscourts.gov for unavailable dates. Motions for Summary Judgment: All issues shall be contained within one motion of 25 pages or less, made on 35 days notice. (See Civil L.R. 7-2). Separate statements of undisputed facts in support of or in opposition to motions for summary judgment will not be considered by the Court. (See Civil Local Rule 56-2(a)). The motion and opposition should include a statement of facts supported by citations to the declarations filed with respect to the motion. Evidentiary and procedural objections shall be contained within the motion, opposition or reply; separate motions to strike will not be considered by the Court. Any cross-motion shall be contained within the opposition to any motion for summary judgment, shall contain 25 pages or less, and shall be filed 21 days before the hearing. The reply to a motion may contain up to 15 pages, shall include the opposition to any cross-motion, and shall be filed 14 days before the hearing. (See Civil Local Rule 7-3). The Court may, sua sponte or pursuant to a motion under Civil L.R. 6-3, reschedule the hearing so as to give a moving party time to file a reply to any cross-motion. All discovery motions are referred to a Magistrate Judge to be heard and considered at the convenience of his/her calendar. All such matters shall be noticed by the moving party for hearing on the assigned Magistrate Judge's regular law and motion calendar, or pursuant to that Judge's procedures. Pursuant to General Order 45, VI.G, "In all cases subject to ECF, in addition to filing papers electronically, the parties are required to lodge for chambers no later than noon on the business day following the day that the papers are filed electronically, one paper copy of each document that is filed electronically." 3 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 1. ORDER FOR PRETRIAL PREPARATION PRETRIAL CONFERENCE Not less than 28 days prior to the pretrial conference, counsel shall exchange (but not file or lodge) the papers described in Civil L.R. 16-10(b)(7),(8),(9), and (10), and their motions in limine. 2. At least 21 days before the final pretrial conference, lead counsel who will try the case shall meet and confer with respect to: (a) Preparation and content of the joint pretrial conference statement; (b) Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and lodged pursuant to this Order for Pretrial Preparation. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the pretrial conference; and (c) Settlement of the action. Not less than 14 days prior to the pretrial conference, counsel shall submit the following. (a) Pretrial Conference Statement. The parties shall file a joint pretrial conference statement containing the following information: (1) The Action. (A) Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided. (B) Relief Prayed. A detailed statement of all the relief claimed, particularly itemizing all elements of damages claimed. (2) The Factual Basis of the Action. 4 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (A) Undisputed Facts. A plain and concise statement of all relevant facts not reasonably disputed. (B) Disputed Factual Issues. A plain and concise statement of all disputed factual issues which remain to be decided. (C) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts. (D) Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes. (3) Disputed Legal Issues. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief. (4) Further Discovery or Motions. A statement of all remaining discovery or motions. (5) Trial Alternatives and Options. (A) Settlement Discussions. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive. (B) Consent to Trial Before a Magistrate Judge. A statement whether the parties consent to a court or jury trial before a magistrate judge, with appeal directly to the Ninth Circuit. (C) Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired. (6) Miscellaneous. Any other subjects relevant to the trial of the action, or material to its just, speedy and inexpensive determination. (b) Exhibit List and Objections. The exhibit list shall list each proposed exhibit by its number (see Civil L.R. 30-2(b)), description, and sponsoring witness, followed by blanks to accommodate the date on which it is marked for identification and the date on which it is admitted into 5 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 evidence. No party shall be permitted to offer any exhibit in its case-in-chief that is not disclosed in its exhibit list without leave of the Court for good cause shown. Parties shall also deliver a set of premarked exhibits to the Courtroom Deputy. The exhibit markers shall each contain the name and number of the case, the number of the exhibit, and blanks to accommodate the date admitted and the Deputy Clerk's initials. (Appropriate sample forms are available on the Any objections to Court's website at www.cand.uscourts.gov). exhibits which remain after the pretrial meeting shall be indicated in the pretrial statement. (c) Witness List. In addition to the requirements of FRCivP 26(a)(3)(A), a brief statement describing the substance of the testimony to be given by each witness who may be called at trial. No party shall be permitted to call any witness in its case-in-chief that is not disclosed in its pretrial statement without leave of Court for good cause shown. (d) Use of Discovery Responses. In addition to the requirements of FRCivP 26(a)(3)(B), a designation of any excerpts from interrogatory answers or from responses for admissions intended to be offered at trial. Counsel shall indicate any objections to use of these materials and that counsel have conferred respecting such objections. (e) Trial briefs. Briefs on all significant disputed issues of law, including foreseeable procedural and evidentiary issues, which remain after the pretrial meeting. (f) Motions in Limine. 6 Any motions in limine that 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 could not be settled at the pretrial meeting shall be filed with the pretrial statement. All motions in limine shall be contained within one document, limited to 25 pages pursuant to Civil L.R. 7-2(b), with each motion listed as a subheading. Opposition to the motions in limine shall be contained within one document, limited to 25 pages, with corresponding subheadings, and filed seven (7) days thereafter. (g) Joint Proposed Voir Dire. The attached voir dire questionnaire will be given to the venire members, and copies of the responses will be made available to counsel at the beginning of voir dire. Counsel may submit a set of additional requested voir dire, to be posed by the Court, to which they have agreed at the pretrial meeting. Any voir dire questions on which counsel cannot agree shall be submitted separately. Counsel may be allowed brief follow-up voir dire after the Court's questioning. (h) Joint Proposed Jury Instructions. As applicable, jury instructions 1.1A, 1.1C, 1.2 through 1.17, 1.19, 2.1 through 2.13, 3.1 through 3.3 from the Manual of Model Civil Jury Instructions for the Ninth Circuit (2007 Edition) will be given absent objection. Counsel shall jointly submit one set of additional proposed jury instructions, to which they have agreed at the pretrial meeting. The instructions shall be ordered in a logical Any instruction sequence, together with a table of contents. on which counsel cannot agree shall be marked as "disputed," and shall be included within the jointly submitted instructions and accompanying table of contents, in the place 7 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 where the party proposing the instruction believes it should be given. Argument and authority for and against each disputed instruction shall be included as part of the joint submission, on separate pages directly following the disputed instruction. The parties shall email to cwpo@cand.uscourts.gov a copy of their proposed jury instructions in WordPerfect or Word format. The subject of the email should include the name of the parties, the case number and a description of the document. (i) (j) Proposed Verdict Forms, Joint or Separate. Proposed Findings of Fact and Conclusions of The parties shall email to Law (Court Trial only). cwpo@cand.uscourts.gov a copy of their proposed findings of fact and conclusions of law in WordPerfect or Word format. The subject of the email should include the name of the parties, the case number and a description of the document. JURY SELECTION The Jury Commissioner will summon 20 to 25 prospective jurors. The Courtroom Deputy will select their names at random and seat them in the courtroom in the order in which their names are called. Voir dire will be asked of sufficient venire persons so that eight (or more for a lengthy trial) will remain after all peremptory challenges and an anticipated number of hardship dismissals and cause challenges have been made. The Court will then take cause challenges, and discuss hardship claims from the individual jurors, outside the 8 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 presence of the venire. The Court will inform the attorneys which hardship claims and cause challenges will be granted, but will not announce those dismissals until the process is completed. Each side may then list in writing up to three The attorneys will review each other's peremptory challenges. lists and then submit them to the Courtroom Deputy. Then, from the list of jurors in numerical order, the Court will strike the persons with meritorious hardships, those excused for cause, and those challenged peremptorily, and call the first eight people in numerical sequence remaining. Those people will be the jury. All jurors remaining at the close of the case will deliberate. SANCTIONS Failure to comply with this Order is cause for sanctions under Federal Rule of Civil Procedure 16(f). IT IS SO ORDERED. There are no alternates. Dated: ______________________ ______________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 9 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JUROR QUESTIONNAIRE Please fill out this form as completely as possible and print clearly. Since we want to make copies for the attorneys and the Court, do not write on the back of any page. If you need more room, continue at the bottom of the page. Thank you for your cooperation. 1. Your name: ________________________________________________ 2. Your age: _________________________________________________ 3. The city where you live: __________________________________ How long have you lived there:______________________________ 4. Your place of birth: ______________________________________ 5. Do you rent or own your own home? _________________________ 6. Your marital status: (circle one) married live with partner separated divorced single widowed 7. What is your occupation, and how long have you worked in it? (If you are retired, please describe your main occupation when you were working). _______________________________________________________________ _______________________________________________________________ 8. Who is (or was) your employer? _______________________________________________________________ 9. 10. How long have you worked for this employer? ______________ Please list the occupations of any adults with whom you live. _______________________________________________________________ 11. If you have children, please list their ages and sex and, if they are employed, please give their occupations. 10 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ 12. Please describe your educational background: Highest grade completed: _________________________________ College and/or vocational schools you have attended: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Major areas of study:_____________________________________ 13. Have you ever served on a jury before? ________ times?________ If yes: State/County Court _______ Federal Court _______ How many When? ____________________________________________________ Was it a civil or criminal case? _________________________ Did the jury(ies) reach a verdict? _______________________ 14. Attached is a list of the parties in this case, the law firms representing the parties, attorneys in this case, and persons who are potential witnesses in this case. Do you know, or think you know, any of the persons listed? Yes:_____ No:_____ If so, make a check next to their name. Rev. 04/15/09 11 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. TREMAYNE COLLIER, Plaintiff, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Number: CV06-01143 CW CERTIFICATE OF SERVICE M HENNESSY, SHERIFF et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on June 30, 2010, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. Tremayne Collier V-60930 Kern Valley State Prison P.O. Box 5102 A6-208 Delano, CA 93216 Nathan A. Greenblatt, Esq. Luis A.S. Arroyo, Esq. Gregory D. Hull, Esq. Weil, Gotshal & Manges LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Dated: June 30, 2010 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 12

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