Felarca et al v. Birgeneau et al

Filing 513

PRETRIAL ORDER NO. 1 RE: TRIAL SETTING AND INITIAL MOTIONS. Exhibit List due by 3/14/2016. Joint Exhibit list due 4/11/2016. Witness List and Expert Witness List due by 4/8/2016. Daubert motions filed by 4/26/2016. Signed by Judge Yvonne Gonzalez Rogers on 1/27/16. (fs, COURT STAFF) (Filed on 1/27/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YVETTE FELARCA, ET AL,

Case No. 11-cv-5719- YGR

Plaintiffs,
PRETRIAL ORDER NO. 1 RE: TRIAL
SETTING AND INITIAL MOTIONS

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v.
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ROBERT J. BIRGENEAU, ET AL.,
Defendants.

United States District Court
Northern District of California

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TO ALL PARTIES AND COUNSEL OF RECORD:
1. Trial Date and Schedule: The trial of this matter is confirmed to proceed in

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Courtroom 1. Jury Selection shall begin at beginning at 9:30 a.m. on Tuesday,

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November 1, 2016. All remaining trial days shall begin at 8:30 a.m. Counsel shall

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arrive in court early enough to proceed promptly at 8:30 a.m. Trial schedule will

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be Monday through Thursday, from 8:30 a.m. to 1:30 p.m. with two fifteen minute

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breaks.

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2. Additional time may be scheduled for matters outside the presence of the jury as

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necessary and determined by the Court, either at 8:00 a.m. each trial day morning

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or at the conclusion of the trial day and/or the Court's standing calendars which

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occur on Mondays, Tuesdays and Thursdays. Fridays may also be required.

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Sidebars are not permitted. Counsel should be prepared to anticipate issues so that

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they may be addressed outside of normal trial hours.

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3. The Court sets the next pre-trial conference for April 15, 2016, at 9:30 a.m.

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Subsequent conference(s) will be scheduled later. Parties shall comply with this

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Court's standing order regarding pretrial requirements in civil cases ("Standing

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Order"), unless otherwise noted herein.

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4. Standard Motions in Limine: The Court hereby orders that: (a) witnesses shall be

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excluded until testimony is completed; (b) there shall be no reference to or

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evidence presented of settlement discussions, mediation, or insurance; and (c) there

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shall be no reference to or evidence presented of wealth or lack thereof of any party

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except in the punitive damage phase of a case, to the extent it exists.

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A motion in limine refers “to any motion, whether made before or during trial,

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to exclude anticipated prejudicial evidence before the evidence is actually offered.”

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Luce v. United States, 469 U.S. 38, 40, n. 2 (1984). Any motion which is not

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specific in the relief sought and overbroad will be summarily denied.

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5. Trial Evidence - Exhibits

United States District Court
Northern District of California

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a. By March 14, 2016, each party shall file an Exhibit List which complies

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with the Standing Order ¶ 3.d and ¶ 6.a. The Exhibit List shall include a

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column which identifies whether the party believes the exhibit is identified

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for precautionary reasons.

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b. By March 28, 2016, the parties shall meet and confer regarding the

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admissibility of each such exhibit, including at least one in person meeting

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by lead trial counsel. Parties should make all reasonable efforts to stipulate

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to the authenticity and/or admissibility in compliance with Standing Order ¶

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6.b.

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c. By April 11, 2016, the parties shall file a Joint Exhibit List which shall

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include (i) any joint exhibits and (ii) each party's separate exhibit list

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showing those to which the parties have stipulated and/or object.

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d. Objections shall be limited to the relevant Evidence Code section. Parties

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may use a Key to assist with any cumbersome objection designations.

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e. By April 11, 2016, each party may also file a brief, not to exceed 8 pages,

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which describes the nature of the evidentiary objections. A party may also

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include representative samples demonstrating the nature of the dispute.

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6. Trial Evidence - Witnesses

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a. By April 8, 2016, the parties shall each file a Witness List and an Expert

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Witness List which complies with the Standing Order ¶¶ 3.b and 3.c.

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b. Daubert motions, if any, shall be filed no later than April 26, 2016, on a

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regular 35-day noticed schedule.
7. Trial Evidence - Discovery Excerpts
a. By June 1, 2016, the parties shall exchange deposition and discovery

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excerpts in compliance with Standing Order ¶ 3.e. and then meet and confer

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as set forth therein.
b. Any disputed designations shall be filed no later than July 1, 2016.

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United States District Court
Northern District of California

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c. A video deposition may only be shown after the designations, counter-

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designation and objections are resolved. A transcript shall be provided of

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the portions played to the jury. The court reporter shall be relieved of her

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duties to transcribe that portion of the trial. In lieu of the court reporter’s

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transcription, the parties shall deliver to the court reporter that portion of the

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transcript used during the trial on the same day it was played.

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8. Failure to Comply: Failure to comply with the obligations set forth in this order

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will result in sanctions appropriate to the gravity of the failure, including, but not

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limited to monetary fines and/or evidentiary sanctions.

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IT IS SO ORDERED.
Dated: January 27, 2016
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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