Newton v. Equilon Enterprises LLC DBA Shell Oil Products US

Filing 201

PRETRIAL ORDER NO. 1 RE: PRETRIAL CONFERENCE. Signed by Judge Yvonne Gonzalez Rogers on 12/3/2018. (fs, COURT STAFF) (Filed on 12/3/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CIARA NEWTON,

Case No. 17-cv-3961 YGR

Plaintiff,
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PRETRIAL ORDER NO. 1 RE: PRETRIAL
CONFERENCE

v.
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EQUILON ENTERPRISES LLC, DBA SHELL
OIL PRODUCTS US,
Defendant.

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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 November 30, 2018, for good cause shown the Court enters the

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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 December 7, 2018. All remaining trial days shall

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begin at 8:30 a.m. Any day, Court is in session on this matter, counsel shall arrive early

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enough to proceed promptly at 8:00 a.m. Trial schedule will be Monday through Friday, from

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8:30 a.m. to 1:30 p.m. with two fifteen-minute breaks. 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

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

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addressed outside of normal trial hours. In this regard, counsel should also be prepared to

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reconvene with the Court after the Court’s standing calendars which normally begin at 2:00

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p.m.

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2. Trial Timekeeping: The parties shall each be afforded 13 hours to present their case and an

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additional hour each for opening statements (1/2 hour) and closing arguments (1/2 hour) for a

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total of 13.5 hours per side. The parties shall receive daily timesheets advising of the time

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remaining. Any concerns must be raised immediately or will be waived. The Court shall note

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on the timesheets that plaintiff and defendant each reserve one hour for closing arguments.

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3. 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

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

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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, 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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United States District Court
Northern District of California

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issued by separate orders.
4. Admonish Witnesses re: Evidentiary Rulings: Parties are ordered to admonish witnesses as

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to the Court’s rulings. A witness’s failure to comply with a ruling by the Court may result in

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sanctions, including without limitation the striking of the witness’s entire testimony.

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5. Witnesses: The parties are limited to calling the witnesses submitted on the list at Docket No.

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197. Upon a showing of good cause, including for rebuttal or impeachment purposes,

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additional witnesses will only be allowed by Court order.

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

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

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for identification using an exhibit number. No later than December 5, 2018, the parties shall

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file updated Exhibit Lists identifying those for which a stipulation of admissibility exists with

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an “S” in the appropriate box.

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The jury shall 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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7. 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 appropriate time for doing so. The parties shall submit

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a proposed form of order allowing them to bring equipment and other materials into the

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Courthouse, as necessary.
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8. Wireless Microphone: Parties are permitted to bring in their own encrypted digital wireless

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microphone system that includes a receiver and transmitter with XLR connector for use during

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trial.

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9. 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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10. Introductory Jury Instructions: The Court will give Model Instructions 1.3, 1.5-1.21, and
3.1–3.5 from the Manual of Model Civil Jury Instructions for the Ninth Circuit (2017 Edition).
11. Opening Statements: Parties must meet and confer to exchange any visuals, graphics, or

United States District Court
Northern District of California

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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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12. Expert Disclosures/Fed. R. Civ. P. 68 Offers: To the extent not already provided, counsel

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shall lodge with the Court by no later than December 5, 2018, a copy of all expert disclosures

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and expert reports, including any supplements, as well as all offers of judgment made under

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Fed. R. Civ. P. 68.

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13. Doe Defendants: All Doe Defendants will be deemed dismissed once the jury, or first
witness, is sworn, whichever occurs first.

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14. 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

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review the same with the courtroom deputy upon lodging the transcripts. The index shall

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provide a space for the party and the courtroom deputy to confirm delivery of and receipt of
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each transcript. Delivery of the transcripts shall occur no later than December 5, 2018.
15. Identification of Transcripts to be Used Each Day: Before each trial day, counsel shall
confer with the courtroom deputy and identify which of the transcripts may be used that day.
16. Video Depositions at Trial: A video deposition may only be shown after the designations,

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counter-designation and objections are resolved. A transcript shall be provided of the portions

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played to the jury. The court reporter shall be relieved of her duties to transcribe that portion

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of the trial. In lieu of the court reporter's transcription, the parties shall provide to the court

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

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

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testimony to the end of that day's transcript.

United States District Court
Northern District of California

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17. 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, written notice shall be provided by the prior Saturday at noon.

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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 or, at a minimum, shall have the time deducted from its

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allocation. Further, and as explained, time does not stop while waiting for witnesses to arrive

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in Court. Witnesses may be taken out of order upon stipulation or with leave of Court provided

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that the circumstances giving rise to such an accommodation are promptly called to the

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attention of opposing counsel and the Court.

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18. 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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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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20. Punitive Damages: If the jury will be asked to consider punitive damages, the following
additional orders apply:
a. Defendant shall lodge all relevant financial data with the Court in a sealed envelope by
December 7, 2018;

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

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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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c. The parties shall meet and confer regarding written stipulations to streamline this phase
of the case.

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21. Requests for Transcripts: If transcripts will be requested during or immediately after the

United States District Court
Northern District of California

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trial, arrangements must be made with the Court Reporter Coordinator (Telephone No. 510-

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637-3534) at least one week prior to the commencement of the trial.

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22. 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. Parties are advised that

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the trial and all trial-related dates will not be vacated until a formal Notice of Settlement is

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filed.

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23. 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 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 restrooms 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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24. 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
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fines and/or terminating sanctions.
IT IS SO ORDERED.
Dated: December 3, 2018
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
Northern District of California

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