McMillion et al v. Rash Curtis & Associates

Filing 313

PRETRIAL ORDER NO. 1 RE: PRETRIAL CONFERENCE. Jury Selection set for Monday, 5/6/2019 09:00 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Counsel to be present at 8:00 AM. Jury Trial set for 5/6/2019 08:30 AM in Oakl and, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Joint Statement as to issues to be addressed filed by Friday, 4/26/2019. Pretrial Conference set for Monday, 4/29/2019 10:00 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Jury Trial set for 5/7/2019 08:30 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Jury Trial set for 5/8/2019 08:30 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Jury Tri al set for 5/9/2019 08:30 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Jury Trial set for 5/10/2019 08:30 AM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 4/3/2019. (fs, COURT STAFF) (Filed on 4/3/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IGNACIO PEREZ,
Plaintiff,

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United States District Court
Northern District of California

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CASE NO. 16-cv-03396-YGR
PRETRIAL ORDER NO. 1 RE: PRETRIAL
CONFERENCE

vs.
RASH CURTIS & ASSOCIATES,
Defendant.

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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 March 19, 2019 and March 29, 2019, and for good cause shown, the

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Court enters the following orders:

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1. Trial Date and Schedule: The trial of this matter is confirmed to proceed in Courtroom 1.

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Jury Selection shall begin at 9:00 a.m. on Monday, May 6, 2019. Evidence shall commence

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on Tuesday, May 7, 2019. Parties shall be prepared to give opening statements on Monday,

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May 6th if the Court finds that sufficient time exists to proceed. All remaining trial days shall

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begin at 8:30 a.m. with the jury. Counsel shall arrive in court early enough to proceed

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promptly at 8:00 a.m. each day the Court is in session so that the Court may address matters

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outside the presence of the jury. The trial schedule will be from 8:30 a.m. to 1:30 p.m. with

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two fifteen-minute breaks. Court shall be in session on Friday.

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

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determined by the Court. Sidebars are not permitted. Counsel should be prepared to anticipate

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issues so that they may be addressed outside of normal trial hours. In this regard, Counsel

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should also be prepared to reconvene with the Court after the Court’s standing calendars which

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normally begin at 2:00 p.m.

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3. The parties shall each be afforded eleven (11) hours each to present their case, including

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opening statements and closing arguments. The parties shall receive daily timesheets advising

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them of the time remaining. Any concerns must be raised immediately or will be waived.

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4. The Court sets the next pre-trial conference Monday, April 29, 2019 at 10:00 a.m. By 10:00

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a.m. on April 26, 2019, the parties shall file a joint statement outlining the issues which they

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would like the Court to address.

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

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

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settlement discussions, mediation, or insurance; and (c) there shall be no reference to or
evidence presented of wealth or lack thereof of any party except in the punitive damage phase

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United States District Court
Northern District of California

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of the case, to the extent it exists.

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

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anticipated prejudicial evidence before the evidence is actually offered.” Luce v. United

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States, 469 U.S. 38, 40, n.2 (1984). The Court’s rulings on the motions in limine will be

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issued by separate orders.

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6. 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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7. Witnesses: The parties are limited to calling the witnesses submitted on the lists filed for the

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

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

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8. Parties have delivered to the court via email a single joint list of all witnesses, attorneys, and
others involved in the trial as part of parties proposed juror questionnaire.

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9. Exhibits and Exhibit Lists: In general, the parties are limited to using the exhibits submitted

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on the Amended Joint Trial Exhibit List (Dkt. No. 304) and which have been submitted to the

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Court. At the next trial conference, the Court will discuss whether any exhibits are so

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voluminous that electronic copies should be submitted to the jury to the extent they are

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admitted.
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10. 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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11. 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.

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12. Equipment: Projectors, screens and similar equipment must be tested in the courtroom prior

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to the day when it will be used. Arrangements may be made with the Courtroom Deputy,

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Frances Stone, at [phone], as to the appropriate time for doing so. The parties may

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submit a proposed form of order with a list of all trial equipment and materials to be brought

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United States District Court
Northern District of California

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into the courthouse for trial
13. Parties may use encrypted digital wireless system that includes a receiver and transmitter with
XLR connector.
14. The parties shall review the Court’s policy regarding the jury’s use of a computer during
deliberations at http://cand.uscourts.gov/jurypc.
15. Jurors and Peremptory Challenges: The Court will seat a total of eight (8) jurors and no

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alternates. The Court sets the number of peremptory challenges at four (4). Batson motions

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

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of the jury panel.

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16. Opening Statements: Parties must meet and confer to exchange any visuals, graphics or

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exhibits to be used in opening statements. Unless otherwise agreed, the exchange must occur

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

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must be filed in writing by the Thursday before trial. The parties are reminded that the

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purpose of an Opening Statement is not to argue the facts but to provide the jurors with an

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outline of what each side expects the evidence will show.

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17. Expert Disclosures/Fed. R. Civ. P. 68 Offers: The Court confirms that the parties have

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provided the Court with a copy of all expert disclosures, including any supplements. All offers

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of judgment made under Fed. R. Civ. P. 68 shall be lodged before jury selection commences

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on May 6, 2019.
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18. Doe Defendants: All Doe Defendants will be deemed dismissed once the jury, or first
witness, is sworn, whichever occurs first.

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19. Depositions to be Used at Trial: Any party intending to use a deposition transcript at trial for

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

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

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

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The parties shall each prepare and provide an index of the lodged transcripts and shall review

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the same with the Courtroom Deputy upon lodging the transcripts. The index shall provide a

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space for the party and the Courtroom Deputy to confirm delivery of and receipt of each

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transcript. Delivery of the transcripts shall occur no later than Friday, April 26, 2019.

United States District Court
Northern District of California

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20. Before each trial day, Counsel shall confer with the Courtroom Deputy and identify which of
the transcripts may be used that day.

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21. Video Depositions at Trial: A video deposition may only be shown after the designations,

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counter-designations, and objections are resolved. A transcript shall be provided of the

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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 to the

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court reporter in pdf format the testimony as played on the same day as the video is played.

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The court reporter will insert a parenthetical in the transcript and index and append the pdf of

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the testimony to the end of that day's transcript.

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22. Witnesses at Trial: The party presenting evidence shall give the other party 24 hours written

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notice of the witnesses to be called unless otherwise agreed upon by the parties themselves.

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For witnesses on a Monday (or Tuesday after a Monday holiday), written notice shall be

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provided by the prior Saturday at noon. The parties are encouraged to meet and confer on the

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timing for exchanging witness binders. If an agreement is reached, the Court should be

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advised in advance so that it can be enforced if necessary.

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23. The parties are admonished that use of trial time is critical given the limited resources of the

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Court. All parties must have witnesses ready and available to testify. If the party presenting

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evidence does not have a witness ready to be called once a prior witness steps down, that party
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may be deemed to have rested its case. Further, and as explained at the Pretrial Conference,

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time does not stop while waiting for witnesses to arrive in Court. Witnesses may be taken out

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of order upon stipulation or with leave of Court provided that the circumstances giving rise to

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such an accommodation are promptly called to the attention of opposing counsel and the

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Court.

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24. Objections: There shall be no “speaking objections,” and no rebuttal unless requested by the

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Court, in which case it shall be brief – e.g., “hearsay,” and if a rebuttal requested, “not offered

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for the truth.” If either counsel needs to make a better record, he/she may do so when the jury

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is out at the next break.

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United States District Court
Northern District of California

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25. Jury Questions: The Court allows written jury questions which it will share with counsel at
the break(s) and then place in the record.
26. Requests for Transcripts: The Court understands that daily transcripts will be requested.

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Arrangements must be made with the Court Reporter Coordinator (Telephone No. 510-637-

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3534) by April 19, 2019 as additional resources will need to be procured to accommodate the

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request.

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27. Settlement: Counsel shall promptly notify the Court by phone and email (for after hours, use:

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[e-mail]) of any settlement. The notification shall indicate what

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further steps need to be taken to finalize the settlement. Unless the Court receives notice of

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settlement by 4:00 p.m. on the Friday prior to the Monday trial, jury costs will be assessed

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where the parties do not proceed to trial as scheduled. Civ. L.R. 40-1.

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28. Trial Decorum and Procedure: Counsel, parties, and witnesses are expected to conduct

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

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professional and courteous manner during trial. Do NOT approach the other parties’ witnesses

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without permission. You may approach your own non-hostile witnesses without permission.

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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

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door other than the one leading to the courtroom.

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29. Failure to Comply: Failure to comply with the obligations set forth in this Order will result
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in sanctions appropriate to the gravity of the failure, including, but not limited to monetary

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fines and/or terminating sanctions.

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IT IS SO ORDERED.

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Dated: April 3, 2019
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
Northern District of California

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