Jones v. City of Oakland et al
Filing
62
PRETRIAL ORDER AT PRETRIAL CONFERENCE. Signed by Judge Yvonne Gonzalez Rogers on 2/25/13. (fs, COURT STAFF) (Filed on 2/25/2013)
UNITED STATES DISTRICT COURT
1
NORTHERN DISTRICT OF CALIFORNIA
2
3
4
5
LANELL MONIQUE JONES, ET AL,
6
PLAINTIFF,
7
CASE NO.: 11-CV-4725 YGR
PRETRIAL ORDER AT PRETRIAL
CONFERENCE
VS.
8
9
CITY OF OAKLAND, ERIBERTO PEREZANGELES AND OMAR DAZA-QUIROZ,
10
DEFENDANTS
11
Northern District of California
United States District Court
12
13
14
Having considered the filings to date and the arguments and other submissions at the Pretrial
Conference, for good cause shown the Court enters the following orders:
1.
Trial Date and Schedule: The trial of this matter is confirmed for March 11, 2013
15
16
beginning at 8:30 a.m. in Courtroom 5. Parties are each limited to twelve hours (12) of trial time
17
which shall include opening statements and closing arguments, but shall not include jury selection.
18
Counsel shall arrive in Court early enough to proceed with evidence by 8:30 a.m. If the case is
19
ordered to “trail” a trial in progress, all counsel shall (a) provide the Clerk a telephone number where
20
he/she can be reached within 15 minutes between the hours of 9:00 a.m. and 4:00 p.m. and (b) be able
21
22
to be in court within one (1) hour if notified by 3:00 p.m. Trial schedule will be generally as follows,
23
Monday through Friday, from 8:30 a.m. to 1:30 p.m. with two fifteen minute breaks which allows for
24
4.5 hours a day of trial time. Jury selection shall commence at 9:00 a.m. on Friday, March 8, 2013.
25
Additional time may be scheduled for matters outside the presence of the jury as necessary and
26
determined by the Court. Side bars are not permitted. Counsel should be prepared to anticipate issues
27
28
so that they may be addressed outside of normal trial hours.
1
2.
Standard Motions in Limine: The Court hereby orders: (a) that witnesses shall be
2
excluded until testimony is completed; (b) that there shall be no reference to or evidence presented of
3
settlement discussions or mediation; and (c) that there shall be no reference to or evidence presented
4
of wealth or lack thereof of any party except in the punitive damage phase of a case.
5
A motion in limine refers "to any motion, whether made before or during trial, to exclude
6
7
anticipated prejudicial evidence before the evidence is actually offered." Luce v. United States, 469
8
U.S. 38, 40, n. 2 (1984). The Court’s rulings on the parties' motions in limine will be filed separately.
9
10
3.
Parties are ordered to admonish witnesses of the Court’s rulings. Failure to comply
with a ruling by the Court may result in sanctions, including without limitation the striking of the
11
Northern District of California
United States District Court
12
13
14
15
16
witness’s entire testimony.
4.
Procedural Stipulations: Attached hereto as Exhibit A is an outline of stipulations.
To the extent agreed upon, the parties shall initial, sign and file said document by March 1, 2013.
5.
Witnesses: The parties are limited to calling the witnesses submitted on the list filed
on February 21, 2013 for the Pretrial Conference with the following exceptions: (1) Dr. Franklin Sher
17
18
and Jared Zwickey are excluded; and (2) OPD Tech J. Jaecksch is permitted to testify. Upon a
19
showing of good cause, including for rebuttal or impeachment purposes, additional witnesses will
20
only be allowed by Court order.
21
6.
Exhibits and Exhibit Lists: The parties are limited in scope to using the Exhibits
22
submitted to the Court on February 25, 2013 for the Plaintiff and February 15, 2013 for the
23
24
Defendants. No witness may be shown any document or other object until it has been marked for
25
identification using an exhibit number. The parties shall file updated Exhibit Lists identifying those
26
for which a stipulation of admissibility exists with an “S” in the appropriate box.
27
28
2
1
2
3
4
The jury may not be shown any exhibits until admitted into evidence or stipulated by the
parties as to admissibility without the express permission of the Court.
The parties shall exchange copies of the actual exhibits listed by noon on Friday, March 1,
2013. They shall be delivered to Plaintiff at counsel's Larkspur address and to the Defendants at their
5
counsels' Oakland addresses. By the close of business on Monday, March 4, 2013, the parties shall
6
7
file specific objections to each specific item of evidence by identifying the legal basis for the
8
objection. Argument is limited to two lines of text. Further pre-trial conference to resolve evidentiary
9
objections shall occur on Tuesday, March 5, 2013 at 9:30 a.m.
10
7.
Equipment: Projectors, screens and similar equipment must be tested in the courtroom
11
Northern District of California
United States District Court
12
prior to the day when it will be used. Arrangements may be made with the Courtroom Deputy,
13
Frances Stone, at (510) 637-3540 as to appropriate time for doing so. Any party requiring an order
14
for additional equipment must file such proposed order by Monday, March 4, 2013.
15
16
8.
Jurors and Peremptory Challenges: The Court will seat a total of eight (8) jurors
and no alternates. The Court sets the number of peremptory challenges at four (4) per side.
17
18
19
20
21
Defendants shall exercise jointly. Batson/Wheeler motions must be made in a timely fashion.
Argument on the same shall be made outside the presence of the jury panel.
9.
Opening Statements: Parties must meet and confer to exchange any visuals, graphics
or exhibits to be used in opening statements. Unless otherwise agreed, the exchange must occur no
22
later than the close of business on the Wednesday before trial. Any objections not resolved must be
23
24
filed in writing by the close of business on the Thursday before trial. The parties shall be available on
25
the Friday before trial to discuss the issues raised with the Court.
26
27
10.
Fed. R. Civ. P. 68 Offers: Counsel shall file under seal any offers of judgment made
under Fed. R. Civ. P. 68.
28
3
1
2
3
4
11.
Doe Defendants: All Doe Defendants will be deemed dismissed once the jury, or first
witness, is sworn, whichever occurs first.
12.
Depositions to be Used at Trial: By Tuesday, March 5, 2013, any party intending to
use a deposition transcript at trial for any purpose shall lodge the signed original (or a certified copy
5
if, for any reason, the original is not available) for use by the Court and shall have extra copies
6
7
available for use by him/herself. All other parties are expected to have their own copies available.
8
The parties shall prepare a list of all such depositions and shall make arrangements to review the list
9
and the submissions with the Courtroom Deputy at the time of lodging.
10
13.
Video Depositions at Trial: Upon a showing of good cause, video deposition may
11
Northern District of California
United States District Court
12
13
only be shown upon Court order.
14.
Witnesses at Trial: The party presenting evidence shall give the other party(ies) 24
14
hours written notice of the witnesses to be called unless otherwise agreed upon by the parties
15
themselves. The parties are admonished that use of trial time is critical given the limited resources of
16
the Court. All parties must have witnesses ready and available to testify. If the party presenting
17
18
evidence does not have a witness ready to be called once a prior witness steps down, that party may
19
be deemed to have rested its case. Witnesses may be taken out of order upon stipulation or with leave
20
of Court provided that the circumstances giving rise to such an accommodation are promptly called to
21
the attention of opposing counsel and the Court.
22
15.
Objections: There shall be no “speaking objections,” and no response unless
23
24
requested by the Court, in which case it shall be brief – e.g., “hearsay” and if a response requested,
25
“Not offered for the truth.” If either counsel needs to make a better record, he/she may do so when
26
the jury is out at the next break.
27
28
4
1
2
3
4
16.
Jury Questions: The Court allows written jury questions which it will share with
counsel at the break(s) and then place in the record.
17.
Interpreters: The parties confirm that no witness requires an interpreter.
Accordingly, no witness requiring an interpreter will be allowed to testify.
5
18.
Requests for Transcripts: If transcripts will be requested during or immediately after
6
7
the trial, arrangements must be made with the Court Reporter Coordinator (Telephone No. 510-637-
8
3534) at least one week prior to the commencement of the trial.
9
10
19.
Further Settlement Conference/Mediation: Parties are advised that Magistrate
Judge Joseph Spero remains available to assist the parties with settlement.
11
Northern District of California
United States District Court
12
20.
Counsel shall promptly notify the Court by phone and email of any settlement. The
13
notification shall indicate what further steps need to be taken to finalize the settlement. Unless the
14
Court receives notice of settlement two days prior to jury selection, jury costs will be assessed where
15
the parties do not proceed to trial as scheduled. Civ. L.R. 40-1.
16
21.
Trial Decorum and Procedure: Counsel, parties and witnesses are expected to
17
18
conduct themselves at all times – on or off the record and whether or not in the presence of a jury – in
19
a professional and courteous manner during trial. Do NOT approach other parties’ witnesses without
20
permission. You may approach your own non-hostile witnesses without permission.
21
During trial you will be allowed to use the bathrooms in the jury room so that you do not share
22
the facilities with the jurors. You may not linger in the jury room or use any exit door other than the
23
24
25
26
27
one leading to the courtroom.
22.
Failure to Comply: Failure to comply with the obligations set forth in this order will
result in sanctions appropriate to the gravity of the failure, including, but not limited to monetary fines
and/or terminating sanctions.
28
5
1
2
3
4
23.
Other Orders:
a. By Friday, March 1, 2013, Plaintiff shall file a complete copy of the Complaint
in this action.
b. Parties shall meet and confer on all the admissibility of all photo exhibits and
5
map(s) on Wednesday, February 27, 2013. Said meeting shall occur at the
6
7
Federal Courthouse in Oakland, California at 10:00 a.m.
8
c. By Wednesday, February 27, 2013, at the 10:00 a.m. meeting, the parties shall
9
exchange transcripts of the 911 dispatch audio recording and the audiotape
10
interview of the defendants. Parties shall then meet and confer regarding the
11
Northern District of California
United States District Court
12
13
14
15
16
accuracy of the transcript so that it can be used in lieu of the official court
reporter's transcript.
d. On Wednesday, February 27, 2013, parties shall also meet and confer regarding
jury instructions. Said meeting shall occur at the Federal Courthouse in
Oakland, California at 10:00 a.m. Plaintiff's most current set was filed
17
18
February 16, 2013; Defendants most current set was filed on February 15,
19
2013. Any new instructions shall be served (but not filed) by e-mail no later
20
than 3:00 p.m. on Tuesday, February 26, 2013.
21
22
23
IT IS SO ORDERED.
Date: February 25, 2013
______________________________________
HON. YVONNE GONZALEZ ROGERS
United States District Judge
24
25
26
27
28
6
1
UNITED STATES DISTRICT COURT
2
NORTHERN DISTRICT OF CALIFORNIA
3
4
5
6
7
8
9
10
LANELL MONIQUE JONES, ET AL,
PLAINTIFF,
CASE NO.: 11-CV-4725 YGR
PROCEDURAL STIPULATIONS
(EXHIBIT A TO PRETRIAL ORDER)
VS.
CITY OF OAKLAND, ERIBERTO PEREZANGELES AND OMAR DAZA-QUIROZ,
DEFENDANTS
11
Northern District of California
United States District Court
12
13
PLEASE INITIAL AND SIGN as acceptable:
14
It is stipulated that the Defendant will be deemed present with counsel, and each of the jurors will be
15
deemed present, upon reconvening after each adjournment or recess, unless the contrary is noted for
16
the record.
17
For the Plaintiff ______________
For the City Defendant _____________
For the Officer Defendants _____________
18
19
20
It is stipulated that the Jury Instructions and the Exhibits may go into the Jury Room during
21
deliberations.
22
For the Plaintiff ______________
For the City Defendant _____________
For the Officer Defendants _____________
23
24
25
It is stipulated that the parties need not be present when, during jury deliberations, the jurors are
26
excused for lunch, return for lunch, and/or are discharged in the evening and resume in the morning.
27
28
For the Plaintiff ______________
For the City Defendant _____________
For the Officer Defendants _____________
7
1
It is stipulated that, during jury deliberations, the jury may recess without further admonition and
2
without assembling in the jury box, and that they may resume their deliberations upon the Deputy
3
Clerk’s determination that all jurors are present.
4
For the Plaintiff ______________
For the City Defendant _____________
For the Officer Defendants _____________
5
6
7
8
In the absence if the trial judge, any judge of this court may receive the verdict.
For the Plaintiff ______________
For the City Defendant _____________
For the Officer Defendants _____________
9
10
(Party Name) ______________________
(Party Name) _________________________
13
__________________________________
________________________________
14
Signature (Plaintiff’s Attorney)
11
Northern District of California
United States District Court
12
Signature (Defense Attorney)
15
16
(Party Name) ________________________
(Party Name) _________________________
17
18
19
___________________________________
________________________________
Signature (Plaintiff’s Attorney)
Signature (Defense Attorney)
20
21
22
23
24
25
26
27
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?