Cole et al v. State of California, Department of Correctional Safety

Filing 39

PRETRIAL ORDER (JURY TRIAL). Based on the parties' Joint Preliminary Pretrial Conference Statement, the court has determined an appearance is unnecessary at this time. Accordingly, the Preliminary Pretrial Conference is VACATED and the partie s are ordered to comply with the following orders: On or before 7/12013, the parties shall submit a Stipulation and Proposed Order dismissing Zenobia Cole as a plaintiff to this action for the court'sconsideration. The parties are instead ordere d to participate in private mediation before Retired Judge James Emerson. The mediation session shall be completed within 90 days of the date this order is filed. Fact Discovery cutoff 9/30/2013.Expert Discovery cutoff 1/10/2014. Joint Final Pretria l Conference Statement, Motions in Limine and Exchange of Exhibits due by 2/14/2014. Voir Dire Questions, Proposed Jury Instructions, and Proposed Jury Verdict Forms due 2/18/2014. Final Pretrial Conference set for 2/28/2014 11:00 AM in Courtroom 4, 5th Floor, San Jose. Jury Selection set for 3/17/2014 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Jury Trial set for 3/18/2014, 3/19/2014, 3/20/2014, 3/24/2014, 3/25/2014, 3/26/2014, 3/27/2014, 3/31/2014, 4/1/2014, 4/2/2014 before Hon. Edward J. Davila.. Jury Deliberations set for 4/3/2014, 4/4/2014 before Hon. Edward J. Davila. The court advises the parties that this is the final case schedule. All parties are expected to comply as directed above. This schedu le will not be amended further absent the presentation of good cause necessitating such an amendment. Please see Order for further specifics. ***6/28/2013 PTC Deadlines terminated. Signed by Judge Edward J. Davila on 6/21/2013. (ecg, COURT STAFF) (Filed on 6/21/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CASE NO. 5:12-cv-02086-EJD

DAVID COLE, et. al.,

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PRETRIAL ORDER
(JURY TRIAL)

Plaintiff(s),
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v.
STATE OF CALIFORNIA DEPARTMENT
OF CORRECTIONAL SAFETY; et. al.,

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Defendant(s).
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For the Northern District of California

United States District Court

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/
The above-entitled action is scheduled for a Preliminary Pretrial Conference on June 28,

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2013. Based on the parties’ Joint Preliminary Pretrial Conference Statement (see Docket Item No.

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38), the court has determined an appearance is unnecessary at this time. Accordingly, the

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Preliminary Pretrial Conference is VACATED and the parties are ordered to comply with the

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following orders.

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IT IS HEREBY ORDERED that on or before July 1, 2013, the parties shall submit a

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Stipulation and Proposed Order dismissing Zenobia Cole as a plaintiff to this action for the court’s

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consideration;

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IT IS FURTHER ORDERED that the previous order referring this action to mediation

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through this district’s ADR Program (see Docket Item No. 7) is VACATED. The parties are instead

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ordered to participate in private mediation before Retired Judge James Emerson. The mediation

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session shall be completed within 90 days of the date this order is filed.

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IT IS FURTHER ORDERED that following schedule shall apply to this case:

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EVENT

DATE

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Fact Discovery Cutoff

9/30/2013

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Designation of Opening Experts with Reports

10/30/13

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Designation of Rebuttal Experts with Reports

11/18/13

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Expert Discovery Cutoff

1/10/14
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CASE NO. 5:12-cv-02086 EJD
PRETRIAL ORDER (JURY TRIAL)

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Final Pretrial Conference

11:00 a.m. on 2/28/14

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2/14/14

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Joint Final Pretrial Conference Statement, Motions in Limine
and Exchange of Exhibits

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Voir Dire Questions, Proposed Jury Instructions, and
Proposed Jury Verdict Forms

2/18/14

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Jury Selection

9:00 a.m. on 3/17/14

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Jury Trial1

3/18-3/19/14 (full days); 3/20/14
(1/2 day a.m.); 3/24/14 (1/2 day
a.m.); 3/25-3/26/14 (full days);
3/27/14 (1/2 day a.m.); 3/31/14
(1/2 day a.m.); 4/1-4/2/14 (full
days)

Jury Deliberations

4/3-4/4/14

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IT IS FURTHER ORDERED that the parties shall comply with the Standing Order re:
For the Northern District of California

United States District Court

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Preliminary and Final Pretrial Conference and Trial Preparation, a copy of which is available from
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the Clerk of the Court,2 with regard to all pretrial submissions.

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The court advises the parties that this is the final case schedule. All parties are expected to
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comply as directed above. This schedule will not be amended further absent the presentation of
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good cause necessitating such an amendment.
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IT IS SO ORDERED.

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Dated: June 21, 2013
EDWARD J. DAVILA
United States District Judge

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Jury trials are held in full day sessions on Tuesdays and Wednesdays, and morning
sessions on Thursdays (9:00 a.m.–12:00 p.m.), unless the Court otherwise specifies. At the Final
Pretrial Conference, the Court reserves the right to add morning sessions on Mondays (9:00
a.m.–12:00 p.m.), thus creating extra half-days for trial. The final trial schedule will be confirmed at
the Final Pretrial Conference.
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A copy of Judge Davila’s standing order is also available on the court’s website at
www.cand.uscourts.gov by clicking first on the “Judges” button, then on Judge Davila’s name, then
on the link for “Judge Davila’s Standing Orders,” and finally on the link for “Standing Order Re
Pretrial Preparation.”
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CASE NO. 5:12-cv-02086 EJD
PRETRIAL ORDER (JURY TRIAL)