Mondragon v. City of Fremont et al

Filing 276

ORDER AFTER PRETRIAL CONFERENCE. Signed by Judge Nathanael M. Cousins on 5/19/2022. (lmh, COURT STAFF) (Filed on 5/19/2022)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHELLE MONDRAGON,

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United States District Court
Northern District of California

Plaintiff,
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v.

Case No. 18-cv-01605-NC
ORDER AFTER PRETRIAL
CONFERENCE

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CITY OF FREMONT, and others,

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Defendants.
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The Court held a pretrial conference on May 18, 2022. This order summarizes the
events discussed at the pretrial conference:

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1.

MOTION FOR SANCTIONS: Plaintiff’s request for monetary sanctions, at

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ECF 264, is DENIED for the reasons stated on the record. As the Court

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noted at the conference, the documents in Exhibit 32 have already been

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excluded. See ECF 269.

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2.

BIFURCATION: The Court DENIES Defendants’ request to trifurcate the

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trial. Instead, the trial will be bifurcated. First, the jury will hear all of the

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claims. If the jury finds for Plaintiff on liability and punitive damages, then

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the issue of the amount of punitive damages will be tried in a second phase.

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The second phase will begin immediately after the jury returns its verdict.

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//

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3.

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Defendants’ motions at ECF 259 and ECF 260. Khyrie Copes, PFN:

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BKL290, will be transported to the courthouse on June 16, 2022. And Rico

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Tiger, PFN: BLJ263, will be transported to the courthouse on June 17, 2022.

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4.

REMOTE TESTIMONY: The parties mentioned the possibility of remote

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witness testimony. If the parties wish to have a witness appear remotely,

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they must file a stipulation to that effect by May 20, 2022. If the Court

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grants the stipulation, the parties must have their remote witnesses review the

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Order re: Remote Testimony, at ECF 234, before they take the stand.

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5.

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LOCATION: The trial will take place in Courtroom 8. Courtroom 8 is
equipped with screens for the jurors, counsel, and the Court to view exhibits.

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United States District Court
Northern District of California

MOTIONS FOR WRITS OF HABEAS CORPUS: The Court GRANTS

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COURTROOM WALK-THROUGH: The parties are to coordinate with my

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Courtroom Deputy, Lili Harrell, to schedule a walk-through and tech

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rehearsal.

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7.

JURY QUESTIONNAIRE: The Jury Office will distribute a jury

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questionnaire to potential jurors around Friday, June 3, 2022. The Court

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will send the juror’s responses to the parties during the week of June 6,

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2022. At that time, the Court will set a deadline for the parties to make any

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for cause challenges to potential jurors.

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8.

cause excusals of jurors on the sole basis that they are unvaccinated.

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JURY VACCINATION REQUIREMENT: The Court will not grant for

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SUPPLEMENTAL JURY QUESTIONNAIRE: The Court will issue a

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proposed supplemental jury questionnaire later this week. At that time, the

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Court will set a deadline for the parties to make objections to the proposed

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questionnaire. The supplemental questionnaire will only be distributed to

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jurors who arrive to the courthouse on Monday, June 13, 2022.

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10.

JURY SELECTION: Jury selection will take place on Monday, June 13,
2022, at 9:30 a.m. in Courtroom 8. The Court will request that the Jury
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Office prepare forty jurors for selection. The jurors will come to Courtroom

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8 in two groups of no more than twenty jurors. The parties will each have

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twenty minutes for voir dire of each group of jurors. Each side is permitted

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three preemptory challenges total for all approximately forty jurors. The

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Court will not allow additional preemptory challenges if a jury is not selected

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from the first group of twenty jurors. Eight jurors will be selected.

United States District Court
Northern District of California

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11.

TRIAL SCHEDULE: The trial will begin with opening statements on

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Tuesday, June 14, 2022, at 9:30 a.m. The trial will run from 9:30 a.m.

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through 4:30 p.m. each weekday with morning, lunch, and afternoon breaks.

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Each side will have twelve hours to present their arguments for phase one of

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the trial. The Court will allow thirty additional minutes of trial time to each

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side for phase two: the punitive damages phase.

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12.

MASK POLICY: The Court requires all individuals to wear masks in the

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courtroom. Only testifying witnesses and questioning attorneys may remove

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their masks.

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13.

DAUBERT HEARING: The Court will hold a Daubert hearing on June 2,

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2022, at 9:30 a.m. via Zoom videoconference. See ECF 269. At the

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hearing, Plaintiff’s challenged expert will be examined, then Defendants’

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challenged expert will be examined. Each side will have thirty minutes for

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direct examination and thirty minutes for cross-examination of each witness.

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REMAINING PRETRIAL ISSUES: At the end of the Daubert hearing, the
Court will discuss any remaining pretrial issues with the parties.

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IT IS SO ORDERED.

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Dated: May 18, 2022

_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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