Hopkins v. San Francisco Police Department et al
Filing
86
ORDER by Judge Claudia Wilken 81 APPOINTING COUNSEL AND SETTING CASE MANAGEMENT CONFERENCE DATE. (Attachments: # 1 Order for Pretrial Preparation, # 2 Certificate/Proof of Service). (ndr, COURT STAFF) (Filed on 1/11/2012)
1
ORDER FOR PRETRIAL PREPARATION
2
PRETRIAL CONFERENCE
3
1.
Not less than 28 days prior to the pretrial
4
conference, counsel shall exchange (but not file or lodge) the
5
papers described in Civil L.R. 16-10(b)(7),(8),(9), and (10),
6
and their motions in limine.
7
2.
At least 21 days before the final pretrial
8
conference, lead counsel who will try the case shall meet and
9
confer with respect to:
United States District Court
For the Northern District of California
10
(a)
Preparation and content of the joint pretrial
11
conference statement;
12
13
14
15
16
(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
17
(c)
Settlement of the action.
18
3.
Not less than 14 days prior to the pretrial
19
conference, counsel shall submit the following.
20
(a)
Pretrial Conference Statement.
The parties
21
shall file a joint pretrial conference statement containing
22
the following information:
23
(1)
The Action.
24
25
(A) Substance of the Action. A brief description
of the substance of claims and defenses which remain to
be decided.
26
27
28
(B) Relief Prayed. A detailed statement of all the
relief claimed, particularly itemizing all elements of
damages claimed.
1
2
(2)
The Factual Basis of the Action.
(A) Undisputed Facts. A plain and concise
statement of all relevant facts not reasonably disputed.
3
4
(B) Disputed Factual Issues. A plain and concise
statement of all disputed factual issues which remain to
be decided.
5
6
(C) Agreed Statement. A statement assessing
whether all or part of the action may be presented upon
an agreed statement of facts.
7
8
9
(D) Stipulations. A statement of stipulations
requested or proposed for pretrial or trial purposes.
(3)
Disputed Legal Issues.
Without extended legal
United States District Court
For the Northern District of California
10
argument, a concise statement of each disputed point of
11
law concerning liability or relief.
12
13
14
15
16
(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.
17
18
19
20
21
22
(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
23
the trial of the action, or material to its just, speedy
24
and inexpensive determination.
25
(b)
Exhibit List and Objections.
The exhibit list
26
shall list each proposed exhibit by its number (see Civil L.R.
27
30-2(b)), description, and sponsoring witness, followed by
28
2
1
blanks to accommodate the date on which it is marked for
2
identification and the date on which it is admitted into
3
evidence.
4
its case-in-chief that is not disclosed in its exhibit list
5
without leave of the Court for good cause shown.
6
shall also deliver a set of premarked exhibits to the
7
Courtroom Deputy.
8
name and number of the case, the number of the exhibit, and
9
blanks to accommodate the date admitted and the Deputy Clerk's
No party shall be permitted to offer any exhibit in
Parties
The exhibit markers shall each contain the
United States District Court
For the Northern District of California
10
initials.
11
Court’s website at www.cand.uscourts.gov).
12
exhibits which remain after the pretrial meeting shall be
13
indicated in the pretrial statement.
14
(Appropriate sample forms are available on the
(c)
Witness List.
Any objections to
In addition to the requirements
15
of FRCivP 26(a)(3)(A), a brief statement describing the
16
substance of the testimony to be given by each witness who may
17
be called at trial.
18
witness in its case-in-chief who is not disclosed in its
19
pretrial statement without leave of Court for good cause
20
shown.
21
(d)
No party shall be permitted to call any
Use of Discovery Responses.
In addition to the
22
requirements of FRCivP 26(a)(3)(B), a designation of any
23
excerpts from interrogatory answers or from responses for
24
admissions intended to be offered at trial.
25
indicate any objections to use of these materials and that
26
counsel have conferred respecting such objections.
27
28
(e)
Trial briefs.
Counsel shall
Briefs on all significant
3
1
disputed issues of law, including foreseeable procedural and
2
evidentiary issues, which remain after the pretrial meeting.
3
(f)
Motions in Limine.
Any motions in limine that
4
could not be settled at the pretrial meeting shall be filed
5
with the pretrial statement.
6
contained within one document, limited to 25 pages pursuant to
7
Civil L.R. 7-2(b), with each motion listed as a subheading.
8
Opposition to the motions in limine shall be contained within
9
one document, limited to 25 pages, with corresponding
United States District Court
For the Northern District of California
10
All motions in limine shall be
subheadings, and filed seven (7) days thereafter.
11
(g)
Joint Proposed Voir Dire.
The attached voir
12
dire questionnaire will be given to the venire members, and
13
copies of the responses will be made available to counsel at
14
the beginning of voir dire.
15
additional requested voir dire, to be posed by the Court, to
16
which they have agreed at the pretrial meeting.
17
questions on which counsel cannot agree shall be submitted
18
separately.
19
after the Court's questioning.
20
Counsel may submit a set of
Any voir dire
Counsel may be allowed brief follow-up voir dire
(h)
Joint Proposed Jury Instructions.
As
21
applicable, jury instructions §1.1A, §1.1C, §1.2 through
22
§1.17, §1.19, §2.1 through §2.13, §3.1 through §3.3 from the
23
Manual of Model Civil Jury Instructions for the Ninth Circuit
24
(2007 Edition) will be given absent objection.
25
jointly submit one set of additional proposed jury
26
instructions, to which they have agreed at the pretrial
27
meeting.
28
Counsel shall
The instructions shall be ordered in a logical
4
1
sequence, together with a table of contents.
2
on which counsel cannot agree shall be marked as "disputed,"
3
and shall be included within the jointly submitted
4
instructions and accompanying table of contents, in the place
5
where the party proposing the instruction believes it should
6
be given.
7
disputed instruction shall be included as part of the joint
8
submission, on separate pages directly following the disputed
9
instruction.
United States District Court
For the Northern District of California
10
Any instruction
Argument and authority for and against each
The parties shall email to cwpo@cand.uscourts.gov a copy
11
of their proposed jury instructions in WordPerfect or Word
12
format.
13
the parties, the case number and a description of the
14
document.
The subject of the email should include the name of
15
(i)
Proposed Verdict Forms, Joint or Separate.
16
(j)
Proposed Findings of Fact and Conclusions of
17
Law (Court Trial only).
18
cwpo@cand.uscourts.gov a copy of their proposed findings of
19
fact and conclusions of law in WordPerfect or Word format.
20
The subject of the email should include the name of the
21
parties, the case number and a description of the document.
22
JURY SELECTION
23
The parties shall email to
The Jury Commissioner will summon 20 to 25 prospective
24
jurors.
25
random and seat them in the courtroom in the order in which
26
their names are called.
27
28
The Courtroom Deputy will select their names at
Voir dire will be asked of sufficient venire persons so
5
1
that eight (or more for a lengthy trial) will remain after all
2
peremptory challenges and an anticipated number of hardship
3
dismissals and cause challenges have been made.
4
The Court will then take cause challenges, and discuss
5
hardship claims from the individual jurors, outside the
6
presence of the venire.
7
which hardship claims and cause challenges will be granted,
8
but will not announce those dismissals until the process is
9
completed.
The Court will inform the attorneys
Each side may then list in writing up to three
United States District Court
For the Northern District of California
10
peremptory challenges.
11
lists and then submit them to the Courtroom Deputy.
12
The attorneys will review each other's
Then, from the list of jurors in numerical order, the
13
Court will strike the persons with meritorious hardships,
14
those excused for cause, and those challenged peremptorily,
15
and call the first eight people in numerical sequence
16
remaining.
17
Those people will be the jury.
All jurors remaining at the close of the case will
18
deliberate.
19
SANCTIONS
20
21
22
There are no alternates.
Failure to comply with this Order is cause for sanctions
under Federal Rule of Civil Procedure 16(f).
IT IS SO ORDERED.
23
24
Dated: ______________________
______________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
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
6
1.
Your name:
________________________________________________
7
8
2.
Your age:
_________________________________________________
9
3.
The city where you live:
__________________________________
United States District Court
For the Northern District of California
10
11
How long have you lived
there:______________________________
12
4.
Your place of birth:
______________________________________
13
14
5.
Do you rent or own your own home?
_________________________
15
6.
16
single
widowed
Your marital status: (circle one)
married
live with partner
separated
divorced
17
7.
18
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).
19
_______________________________________________________________
20
_______________________________________________________________
21
8.
Who is (or was) your employer?
22
_______________________________________________________________
23
9.
How long have you worked for this employer? ______________
10.
Please list the occupations of any adults with whom you
live.
24
25
26
_______________________________________________________________
27
28
7
1
11.
If you have children, please list their ages and sex and,
if they are employed, please give their occupations.
2
_______________________________________________________________
3
_______________________________________________________________
4
_______________________________________________________________
5
_______________________________________________________________
6
12.
Please describe your educational background:
7
Highest grade completed: _________________________________
8
College and/or vocational schools you have attended:
9
_______________________________________________________________
United States District Court
For the Northern District of California
10
_______________________________________________________________
11
_______________________________________________________________
12
Major areas of study:_____________________________________
13
13.
Have you ever served on a jury before? ________
How many
14
times?________
15
If yes:
State/County Court _______
Federal Court _______
16
When? ____________________________________________________
17
Was it a civil or criminal case? _________________________
18
Did the jury(ies) reach a verdict? _______________________
19
14.
Attached is a list of the parties in this case, the law
20
firms representing the parties, attorneys in this case,
21
and persons who are potential witnesses in this case.
Do
22
you know, or think you know, any of the persons listed?
23
Yes:_____
No:_____
24
If so, make a check next to their name.
25
26
27
Rev. 04/15/09
28
8
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?