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)

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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

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