Boulware v. Dunstan

Filing 21

ORDER SETTING TRIAL DATE. Jury Selection set for 1/9/2012 08:30 AM before Hon. Claudia Wilken. Jury Trial (3 day) set for 1/9/2012 08:30 AM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 8/15/2011. (ndr, COURT STAFF) (Filed on 8/15/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 8 No. C 09-02792 CW RUBEN ODELL BOULWARE, ORDER SETTING TRIAL DATE Plaintiff, v. D. M. DUNSTAN, Defendant. / 9 United States District Court For the Northern District of California 10 11 IT IS ORDERED that a jury trial will be held on Monday, 12 January 9, 2012, at 8:30 a.m. in Courtroom 2, Fourth Floor, 1301 13 Clay Street, Oakland, CA. 14 shall comply with the attached Order for Pretrial Preparation. 15 pretrial conference will be held; the Court will decide the 16 pretrial matters on the papers. Plaintiff and counsel for the Defendant No 17 18 19 20 21 22 23 24 25 26 27 28 Dated: 8/15/2011 CLAUDIA WILKEN United States District Judge 1 ORDER FOR PRETRIAL PREPARATION (Pro Se Prisoner Cases) 2 PRETRIAL CONFERENCE 3 Not less than 28 days prior to the pretrial conference, each 4 party shall file the pretrial conference statement required by Civil 5 L.R. 16-10(b)(6). The pretrial conference statement shall contain the 6 following information: 7 (1) The Action. 8 (A) Substance of the Action. A brief description of the substance of claims and defenses which remain to be decided. 10 United States District Court For the Northern District of California 9 (B) Relief Prayed. A detailed statement of all the relief claimed, particularly itemizing all elements of damages claimed. 11 (2) The Factual Basis of the Action. 12 13 14 15 16 17 18 (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. 19 (3) Disputed Legal Issues. Without extended legal argument, 20 a concise statement of each disputed point of law concerning 21 liability or relief. 22 (4) Further Discovery or Motions. A statement of all remaining 23 discovery or motions. 24 (5) Trial Alternatives and Options. 25 26 (A) Settlement Discussions. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive. 27 28 2 1 2 (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. 3 4 (C) Bifurcation, Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired. 5 (6) Miscellaneous. Any other subjects relevant to the trial of 6 the action, or material to its just, speedy and inexpensive 7 determination. 8 In addition, each party shall submit the following: 9 a. Exhibit List and Objections. The exhibit list required United States District Court For the Northern District of California 10 by Civil L.R. 16-10(b)(7) shall list each proposed exhibit by its 11 number (see Civil L.R. 30-2(b)), description, and sponsoring witness, 12 followed by blanks to accommodate the date on which it is marked for 13 identification and the date on which it is admitted into evidence. 14 No party shall be permitted to offer any exhibit in its case-in-chief 15 that is not disclosed in its exhibit list without leave of the Court 16 for good cause shown. Parties shall also deliver a set of premarked 17 exhibits to the Courtroom Deputy. The exhibit markers shall each 18 contain the name and number of the case, the number of the exhibit, 19 and blanks to accommodate the date admitted and the Deputy Clerk's 20 initials. Appropriate sample forms are attached and are also 21 available on the Court’s website at 22 b. Witness List. No party shall be permitted to call any 23 witness in its case-in-chief that is not disclosed in its pretrial 24 conference statement without leave of the Court for good cause shown. 25 Each party must arrange to subpoena and produce the witnesses they 26 wish to call. 27 28 3 1 c. 2 requirements 3 designation 4 responses to requests for admissions intended to be offered at trial. 5 The parties shall indicate any objections to use of these materials. 6 d. Trial briefs. Briefs on all significant disputed issues 7 of of Federal any Rule excerpts of Civil from In addition to the Procedure interrogatory 26(a)(3)(B), answers or a from of law, including foreseeable procedural and evidentiary issues. 8 9 Use of Discovery Responses. e. Motions in Limine. Any motions in limine shall be filed with the pretrial conference statement. All motions in limine shall United States District Court For the Northern District of California 10 be contained within one document, limited to 25 pages pursuant to 11 Civil 12 Opposition to the motions in limine shall be contained within one 13 document, limited to 25 pages, with corresponding subheadings, and 14 filed fourteen (14) days thereafter. L.R. 15 7-2(b), f. with Proposed each Voir motion Dire. listed The as a attached subheading. voir dire 16 questionnaire will be given to the venire members, and copies of the 17 responses will be made available to parties at the beginning of voir 18 dire. Each party may submit a set of additional requested voir dire. 19 g. Joint Proposed Jury Instructions. As applicable, jury 20 instructions §1.1A, §1.1C, §1.2 through §1.17, §1.19, §2.1 through 21 §2.13, 22 Instructions for the Ninth Circuit (2007 Edition) will be given absent 23 objection. 24 jury instructions. 25 sequence, together with a table of contents. 26 instruction shall be included as part of the submission. 27 28 §3.1 through §3.3 from the Manual of Model Civil Jury Parties shall each submit one set of additional proposed The instructions shall be ordered in a logical Authority for each If possible, the parties shall email to 4 1 a copy of their proposed jury instructions in WordPerfect or Word 2 format. 3 parties, the case number and a description of the document. The subject of the email should include the name of the 4 h. Proposed Verdict Forms. 5 i. Proposed Findings of Fact and Conclusions of Law (Court 6 Trial 7 a copy of their proposed findings of fact and 8 conclusions of law in WordPerfect or Word format. 9 email should include the name of the parties, the case number and a only). If possible, United States District Court For the Northern District of California 10 parties shall email to The subject of the description of the document. 11 the JURY SELECTION 12 The Jury Commissioner will summon 20 to 25 prospective jurors. 13 The Courtroom Deputy will select their names at random and seat them 14 in the courtroom in the order in which their names are called. 15 Voir dire will be asked of sufficient venire persons so that 16 eight (or more for a lengthy trial) will remain after all peremptory 17 challenges and an anticipated number of hardship dismissals and cause 18 challenges have been made. 19 The Court will then take cause challenges, and discuss hardship 20 claims from the individual jurors, outside the presence of the venire. 21 The Court will inform the parties which hardship claims and cause 22 challenges will be granted, but will not announce those dismissals 23 until the process is completed. 24 up to three peremptory challenges. 25 other's lists and then submit them to the Courtroom Deputy. Each party may then list in writing The parties will review each 26 Then, from the list of jurors in numerical order, the Court will 27 strike the persons with meritorious hardships, those excused for 28 5 1 cause, and those challenged peremptorily, and call the first eight 2 people in numerical sequence remaining. 3 jury. 4 Those people will be the All jurors remaining at the close of the case will deliberate. 5 There are no alternates. 6 SANCTIONS 7 8 Failure to comply with this Order is cause for sanctions under Federal Rule of Civil Procedure 16(f). 9 United States District Court For the Northern District of California 10 IT IS SO ORDERED. 11 ______________________________ CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 1 JUROR QUESTIONNAIRE 2 3 4 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. 5 1. Your name: ________________________________________________ 2. Your age: _________________________________________________ 3. Your place of birth: ______________________________________ 4. Do you rent or own your own home? _________________________ 5. Your marital status: (circle one) 6 7 8 9 United States District Court For the Northern District of California 10 single married live with partner separated divorced widowed 11 6. 12 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). 13 _______________________________________________________________ 14 _______________________________________________________________ 15 7. Who is (or was) your employer? 16 _______________________________________________________________ 17 8. How long have you worked for this employer? ______________ 18 19 9. Please list the occupations of any adults with whom you live. 20 _______________________________________________________________ 21 10. 22 If you have children, please list their ages and sex and, if they are employed, please give their occupations. 23 _______________________________________________________________ 24 _______________________________________________________________ 25 _______________________________________________________________ _______________________________________________________________ 26 11. Please describe your educational background: 27 28 7 1 Highest grade completed: _________________________________ 2 College and/or vocational schools you have attended: 3 _______________________________________________________________ 4 _______________________________________________________________ 5 _______________________________________________________________ 6 Major areas of study:_____________________________________ 7 12. Have you ever served on a jury before? ________ 8 times?________ 9 If yes: How many State/County Court _______ Federal Court _______ United States District Court For the Northern District of California 10 When? ____________________________________________________ 11 Was it a civil or criminal case? _________________________ 12 Did the jury(ies) reach a verdict? _______________________ 13 13. Attached is a list of the parties in this case, the law firms 14 representing the parties, attorneys in this case, and persons 15 who are potential witnesses in this case. 16 you know, any of the persons listed? 17 18 Yes:_____ No:_____ If so, make a check next to their name. 19 20 21 Rev. 6/28/10 22 23 24 25 26 27 28 8 Do you know, or think 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 7 8 9 United States District Court For the Northern District of California 10 Case Number: CV09-02792 CW RUBEN ODELL BOULWARE, Plaintiff, CERTIFICATE OF SERVICE v. D M DUNSTAN et al, Defendant. / 11 12 13 14 15 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 August 15, 2011, 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. 16 17 18 19 20 Ruben Odell Boulware 5558 Dairy Avenue Long Beach, CA 90805 Dated: August 15, 2011 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk 21 22 23 24 25 26 27 28 9

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