Olivas et al v. United States of America et al

Filing 59

ORDER: On 5/24/2013, the Court held a pretrial conference. A jury trial is set for 10/1/2013 at 09:00 AM in Courtroom 14B. For motions in limine and/or Daubert motions, the parties shall file: moving papers on or before 8/22/2013, oppositions on or b efore 9/5/2013, and replies on or before 9/12/2013. The Court will hear oral argument on the motions in limine and/or Daubert motions on 9/19/2013 at 02:00 PM in Courtroom 14B. The parties shall file their jury instructions. On or before 8/22/2013, t he parties shall file: a joint proposed verdict form OR a separate verdict form along with written objections to the other party's proposed verdict form; proposed voir dire questions; trial briefs; and a joint statement of the case. Signed by Judge William Q. Hayes on 5/24/2013. (mdc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ELOY OLIVAS and ELVIRA
OLIVAS,

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Plaintiffs,

vs.

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CASE NO. 11 cv2606-WQH­
WMc
ORDER

UNITED STATES OF AMERICA,
OFFICER CHARLES JONES, and
DOES 2-20,

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Defendants.

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1711 HAYES, Judge:
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On May 24, 2013, the Court held a pretrial conference in this case.

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IT IS HEREBY ORDERED:

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l.

A jury trial in this matter is set for October 1, 2013 at 9:00 A.M. in

21 II Courtroom 14B. At trial, each side shall have a total of ten (10) hours to present its
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case.
2.

The briefing schedule for the parties' motions in limine and/or Daubert

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motions is as follows: the parties shall file their moving papers on or before August 22,

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2013, file their oppositions on or before September 5, 2013, and file their replies on

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or before September 12, 2013. The Court will hear oral argument on the motions in

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limine and/or Daubert motions on September 19, 2013 at 2:00 P.M. in Courtroom

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14B.

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3.

The parties shall file their jury instructions as follows:

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a.

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proposed jury instructions on each other. The parties shall then meet,

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confer, and jointly file a complete set of agreed-upon instructions on or

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before August 22, 2013.

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b.

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they are required to file, on or before August 22, 2013, a set of the

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agreed-upon instructions, and a supplemental set ofinstructions which are

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not agreed upon.

On or before August 15, 2013, the parties shall serve their

If the parties cannot agree upon one complete set of instructions,

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c.

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agreed upon shall state the number of the proposed instruction, the

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instruction itself, and any authority supporting the instruction. If any

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instructions are pattern instructions, the instruction shall cite the source

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of the instruction.

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d.

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from statutory authority, Ninth Circuit pattern instructions, or CACI

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pattern instructions and include any authority supporting the modification.

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e.

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not agreed upon, the party opposing the not-agreed-upon instructions shall

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file its objections to the instructions in writing on or before September

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5, 2013. Any objection shall contain a concise statement of argument

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concerning the objection, including citations to authority.

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f.

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upon instructions and any supplemental instructions not agreed upon in

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WordPerfect or Word format to [e-mail].

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g.

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shall be prepared to discuss the instructions.

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4.

The agreed-upon instructions and any supplemental instructions not

The parties shall clearly indicate any modifications of instructions

In the event that the parties file a supplemental set of instructions

On or before August 22, 2013, the parties shall email the agreed­

At the motion-in-limine hearing on September 19, 2013, counsel

The parties shall jointly file a proposed verdict form on or before August
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11cv2606-WQH-WMc

1 1\ 22,2013. Ifthe parties cannot agree on ajoint proposed verdict form, each party shall
2 1\ file a separate verdict form along with written objections to the other party's proposed
3 verdict form on or before August 22, 2013.
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5.

The parties shall file proposed voir dire questions on or before August 22,

6.

The parties shall file and serve trial briefs on or before August 22, 2013.

5 2013.
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7 The trial briefs shall summarize the parties' theories of the case, the applicable
8 standards of law, and what they expect the evidence to show.
7.

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The parties shall file ajoint statement ofthe case on or before August 22,

10 2013. The statement should be brief and concise, as the Court will read it to the jury
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at the outset of the trial.

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8.

The parties shall notify the law clerk at least seven (7) days prior to the

13 " date of any hearing or trial ifthey intend to use any special equipment, such as video
1411 projectors, slide projectors, or tape recorders. The parties shall prepare and e-mail to
15 II the Court a proposed order listing all such equipment and the dates that such equipment
16 II will be brought into the Courtroom. The parties must bring a copy ofthe signed order
17 II allowing extra equipment to present to Court security on the day of the hearing/trial.
18 1\ Without a copy ofthe signed order, counsel will not be allowed to enter the Court with
19 the equipment.
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9.

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On or before September 24, 2013, the parties shall provide the Court with

a copy of each exhibit in a binder with tabs. The parties shall maintain the original

22 exhibits. On the first day oftrial, each party shall provide the Courtroom Deputy with
23 II two copies of its witness and exhibit lists in the form specified in Civil Local Rule
2411 16. 1(t)(2)(c) and (d).
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Dated:

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