Trulove v. San Francisco et al

Filing 385

PRETRIAL ORDER NO. 1 RE: INITIAL PRETRIAL CONFERENCE. Signed by Judge Yvonne Gonzalez Rogers on 2/22/18. (fs, COURT STAFF) (Filed on 2/22/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMAL RASHID TRULOVE,

Case No. 16-cv-050 YGR

Plaintiff,
PRETRIAL ORDER NO. 1 RE: INITIAL
PRETRIAL CONFERENCE

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v.
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MAUREEN D’AMICO, MICHAEL JOHNSON,
ROBERT MCMILLAN, JOHN EVANS, AND
CARLA LEE, ET AL,
Defendants.

United States District Court
Northern District of California

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Having considered the filings to date and the arguments and other submissions at the

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Pretrial Conference, held on February 16, 2018, for good cause shown the Court ORDERS as

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follows:

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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 9:00 a.m. on March 8, 2018, with juror

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questionnaires and hardships. Oral voir dire shall proceed the next day with opening statements to

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begin on Monday, March 12, 2018. All trial days shall begin at 8:30 a.m. with the jury. Counsel

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shall arrive in court early enough to proceed promptly at 8:00 a.m. Trial schedule will be Monday

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through Friday, from 8:30 a.m. to 1:30 p.m. with two fifteen minute breaks except for March 23

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and March 30, 2018, which shall be dark.

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2.

Additional Hearing Time During Trial: Additional time may be scheduled for

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matters outside the presence of the jury as necessary and determined by the Court. Sidebars are

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not permitted. Counsel should be prepared to anticipate issues so that they may be addressed

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outside of normal trial hours. In this regard, Counsel should also be prepared to reconvene with

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the Court after the Court’s standing calendars which normally begin at 2:00 p.m.

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3.

Further Pretrial Conference: The Court sets the next pre-trial conference for

March 2, 2018, at 9:00 a.m.

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4.

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

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

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of settlement discussions, mediation, or insurance; and (c) there shall be no reference to or

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evidence presented of wealth or lack thereof of any party except in the punitive damage phase of a

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case, to the extent it exists. The Court’s rulings on the filed motions shall be set forth in a separate

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order. Parties are ordered to admonish witnesses of the Court’s rulings. Failure to comply with a

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ruling by the Court may result in sanctions, including without limitation the striking of the

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witness’s entire testimony.

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United States District Court
Northern District of California

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5.

Procedural Stipulations: Attached hereto as Exhibit A is an outline of

stipulations. To the extent agreed upon, the parties shall file said document by March 1, 2018.
6.

Witnesses: The parties are limited to calling the witnesses submitted on the list

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filed for the Pretrial Conference. Upon a showing of good cause, including for rebuttal or

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impeachment purposes, additional witnesses will only be allowed by Court order.

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7.

Exhibits and Exhibit Lists: The parties are limited to using the Exhibits on the

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Exhibit List. No witness may be shown any document or other object until it has been marked for

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identification using an exhibit number. The parties shall file updated Exhibit Lists identifying

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those for which a stipulation of admissibility exists with an “S” in the appropriate box.

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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.
8.

Equipment: Projectors, screens, and similar equipment must be tested in the

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courtroom prior to the day when they will be used. Arrangements may be made with the

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Courtroom Deputy, Frances Stone, at [phone], as to an appropriate time for so doing. The

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parties shall submit requests and proposed forms of order specifically identifying any equipment

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or supplies to the courthouse. See Civ. L.R. 77-5 generally allows the Court to make orders or

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impose requirements reasonably necessary to assure security of the Court.

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9.

Use of Wireless Sound System: Parties may use an encrypted digital wireless

system that includes a receiver and transmitter with XLR connector.
10.

Jury Computer: A stripped down computer will be available for jurors to view
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any electronic copies of evidence. For additional information see: http://cand.uscourts.gov/jurypc.
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Jurors and Peremptory Challenges: The Court will seat a total of nine (9)

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jurors and no alternates. The Court sets the number of peremptory challenges at four (4). Batson

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motions must be made in a timely fashion. Argument on the same shall be made outside the

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presence of the jury panel.

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12.

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

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must occur no later than the close of business on the Wednesday before trial. Any objections not

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resolved must be filed in writing by the Thursday. The Court shall discuss the issues with counsel

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on Friday. The parties are reminded that the purpose of an Opening Statement is not to argue the

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United States District Court
Northern District of California

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facts but to provide the jurors with an outline of what each side expects the evidence will show.

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13.

Expert Disclosures/Fed. R. Civ. P. 68 Offers: Counsel shall lodge with the

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Court on the first day of trial two copies of all expert disclosures, including any supplements, as

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well as all offers of judgment made under Fed. R. Civ. P. 68.

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14.

Doe Defendants: All Doe defendants will be deemed dismissed once the jury, or

first witness, is sworn, whichever occurs first.
15.

Depositions to be Used at Trial: Any party intending to use a deposition

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transcript at trial for any purpose shall lodge the signed original (or a certified/stipulated copy if,

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for any reason, the original is not available) for use by the Court and shall have extra copies

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available for use by him/herself and the witness. All other parties are expected to have their own

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copies available. The parties shall each prepare and provide an index of the lodged transcripts

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and shall review the same with the courtroom deputy upon lodging the transcripts. Before each

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trial day, counsel shall confer with the courtroom deputy and identify which of the transcripts may

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be used that day.

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16.

Video Depositions at Trial: A video deposition may only be shown after the

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designations, counter-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 duties to transcribe that

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portion of the trial. In lieu of the court reporter’s transcription, the parties shall provide the court
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reporter that portion of the transcript used during the trial on the day it was used so that it can be

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attached to the transcript for that day.

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Witnesses at Trial: The party presenting evidence shall give the other party

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twenty-four (24) hours written notice of the witnesses to be called unless otherwise agreed upon

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by the parties themselves. The parties are admonished that use of trial time is critical given the

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limited resources of the Court. All parties must have witnesses ready and available to testify. If

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the party presenting evidence does not have a witness ready to be called once a prior witness steps

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down, that party may be deemed to have rested its case. Witnesses may be taken out of order upon

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stipulation or with leave of Court provided that the circumstances giving rise to such an

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accommodation are promptly called to the attention of opposing counsel and the Court.

United States District Court
Northern District of California

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18.

Objections: There shall be no “speaking objections,” and no rebuttal unless

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requested by the Court, in which case it shall be brief – e.g., “hearsay,” and if a rebuttal requested,

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“not offered for the truth.” If either counsel needs to make a better record, they may do so when

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the jury is out at the next break.

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19.

Jury Questions: The Court allows written jury questions which it will share with

counsel at the break(s) and then place in the record.
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Punitive Damages: If the jury will be asked to consider punitive damages, the

following additional orders apply:
a.

The punitive phase shall be bifurcated. Liability on punitives shall be determined

in advance of any damages phase.
b.

Defendants shall lodge all relevant financial data to the Court in a sealed envelope

no later than March 9, 2018;
c.

Counsel shall have all witnesses who will be called to testify regarding the

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financial status of the relevant party (e.g., to authenticate relevant documents, etc.) available on

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one (1) hour notice once jury deliberations begin; and

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d.

The parties shall meet and confer regarding written stipulations to streamline this

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phase of the case.

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Requests for Transcripts: If transcripts will be requested during or immediately

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after the trial, arrangements must be made with the Court Reporter Coordinator (Telephone No.

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510-637-3534) no later than March 2, 2018, if they will request full daily transcripts so that

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additional staff can be arranged. Requests during the trial for ad hoc portions of the transcript will

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be provided no later than 48 hours after the request.
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Magistrate Judge Spero by February 28, 2018.
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Further Settlement Conference/Mediation: The parties shall confer with

Settlement: Counsel shall promptly notify the Court by phone and email (for after

hours, use: [e-mail]) of any settlement. The notification shall indicate
what further steps need to be taken to finalize the settlement. Unless the Court receives notice of

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United States District Court
Northern District of California

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settlement by 4:00 p.m. on March 8, 2018, jury costs will be assessed where the parties do not

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proceed to trial as scheduled. Civ. L.R. 40-1. Parties are advised that the trial and all trial-related

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dates will not be vacated until a formal Notice of Settlement is filed.
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Trial Decorum and Procedure: Counsel, parties, and witnesses are expected to

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conduct themselves at all times – on or off the record and whether or not in the presence of a jury

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– in a professional and courteous manner during trial. Do NOT approach other parties’ witnesses

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without permission. You may approach your own non-hostile witnesses without permission.
During voir dire you will be allowed to use the bathrooms in the jury room so that you do

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not share the facilities with the jurors. You may not linger in the jury room or use any exit door

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other than the one leading to the courtroom.
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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 limited to

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monetary fines and/or terminating sanctions.
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Other Orders: As discussed on the record at the initial pretrial conference,

Counsel are to meet and confer and submit further information to the Court as follows:
a. By February 23, 2018, the parties shall provide:

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stipulations of facts, including facts as to underlying proceedings;

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proposed jury instruction on the redaction of documents and use of “John Doe” during the
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trial;

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plan for witness Meadows, including any need for an evidentiary hearing in advance of
testimony;

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identification of adverse witnesses for purposes of examination; and

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statement of case to be read to the jury during voir dire and again during the Court’s initial
instructions.

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o By March 2, 2018, the parties shall provide:

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transcripts of any audio to be used in trial;

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revised Trial Exhibit list, in chronological order with two columns for the Courtroom
Deputy to track when the exhibit was used in court, and when it was admitted. The parties

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United States District Court
Northern District of California

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shall both file and sent as Word version to the proposed order email.

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

A list of all “bad acts” and the foundation for each.
IT IS SO ORDERED.

Dated: February 22, 2018
______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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