Barry v. United States of America

Filing 40

PRETRIAL ORDER. Signed by Magistrate Judge Donna M. Ryu on 7/27/2012. (dmrlc2, COURT STAFF) (Filed on 7/27/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEPHEN BARRY,

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FINAL PRETRIAL ORDER

v.

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For the Northern District of California

United States District Court

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Plaintiff(s),

No. C 11-00847 DMR

UNITED STATES OF AMERICA,

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Defendant(s).
___________________________________/

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Following the Pretrial Conference held on July 25, 2012, the court hereby ORDERS that:

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Court trial shall begin on August 6, 2012 at 9:00 a.m. at the U.S. District Court, 1301 Clay

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Street, Oakland, California 94612. For courtroom number and floor information, please check the

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Court’s on-line calendar at http://www.cand.uscourts.gov (click “Calendars - Judges' Weekly

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Calendars” link, then select Judge Ryu’s calendar) or call Judge Ryu’s Courtroom Deputy, Ivy

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Garcia, at [phone], one week prior. The trial shall proceed no longer than five days and shall

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end at 3:00 p.m. each day. Trial will not be held on Thursday, August 9, 2012.

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At the conclusion of each trial day, the parties shall name the witnesses they intend to call,

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and the exhibits they intend to use, except for impeachment purposes, for each of the next two trial

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days. A party may not call any witnesses or use any exhibits not disclosed on the list or in the

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pretrial statement. Plaintiff shall e-file the first list on August 3, 2012.

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Defendant shall notify Plaintiff by August 2, 2012 as to which of the following witnesses
Defendant will call to testify in person: Page, Gordon, and Mulderig.
If a party's witness is not present when called, the court shall deem the party to have rested
that portion of the case (e.g., case in chief, rebuttal).

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All witnesses, apart from the party or party representative, shall be excluded from the
courtroom when not testifying.

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Based upon the parties’ stipulations the following exhibits are admitted into evidence:

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Plaintiff's Trial Exhibits 1-13, 19-20 and Defendant's Trial Exhibits B, D-F, I-O, Q-Y, AA, and EE.

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Based upon the parties’ stipulations, the following deposition excerpts are admitted into

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evidence: (1) The deposition excerpts, including deposition exhibits, which were designated by

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Plaintiff in Docket No. 24, excluding those which were withdrawn by Plaintiff on July 25, 2012, and

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subject to further narrowing as discussed below; and (2) The deposition excerpts which were

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designated by Defendant in Docket No. 25, and which were not subject to Plaintiff’s filed

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objections.
The court defers ruling on Plaintiff’s objections to Defendant’s exhibits and deposition

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excerpts. However, pursuant to Rule 26(a)(2) of the Federal Rules of Civil Procedure, the court

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hereby strikes the portions of the Williams Declaration in Defendant's Exhibit Z that specifically

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refer to Plaintiff, (Williams Decl. 3:7-18, 4:1-16, June 26, 2012).

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In final preparation for trial, Plaintiff shall further narrow his deposition excerpts and shall

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file a revised list with the Court by August 1, 2012. By July 31, 2012, Defendant shall attempt to

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narrow its designations for any deposition excerpts currently exceeding eight pages, and shall file

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the revised designations. Plaintiff shall file line-specific objections to Defendant's revised

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deposition excerpts by August 3, 2012, based only upon arguments that Plaintiff presented in his

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original objections. [See Docket No. 32.]

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Dated: July 27, 2012

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DONNA M. RYU na M. Ryu
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United StateseMagistrate Judge
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FO

IT IS SO ORDERED.

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UNIT
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For the Northern District of California

United States District Court

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