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 [e-mail] 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

[e-mail] 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