Gaynor et al v. Slade et al

Filing 43

Order Following Final Pretrial Conference: Bench Trial set for 1/23/2023 09:00 AM before Magistrate Judge Nita L. Stormes., Motion In Limine Hearing set for 1/18/2023 10:00 AM before Magistrate Judge Nita L. Stormes.)Signed by Magistrate Judge Nita L. Stormes on 11/17/2022.(exs)

Case 3:21-cv-00777-NLS Document 43 Filed 11/17/22 PageID.501 Page 1 of 4

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11

DON GAYNOR; NANCY GAYNOR,
Plaintiffs,

12
13

v.

14

CHAD SLADE; LINDA McCRAKEN;
and DOES 1 through 30, inclusive,

15

Case No.: 21cv777-NLS
ORDER FOLLOWING FINAL
PRETRIAL CONFERENCE

Defendants.

16
17
18
19
20
21
22
23
24
25
26
27
28

On November 16, 2022, the Court held the final pretrial conference in this matter.
In accordance with the discussion at the conference, the Court ORDERS as follows:
1.

Trial Scheduling
a. Trial is set to begin January 23, 2023 (courtroom to be determined).
b. Trial Day: For each day of trial, the parties shall be ready to address
administrative matters at 8:45 a.m. Trial will begin promptly at 9:00
a.m. The Court will recess for 15 minutes at 10:15a.m. and 3:00
p.m. and will take a lunch break from 12:00 until 1:00. The trial day
will conclude at 4:00pm.
c. Time Limits: Each party will have 10 hours to put on their case and
oppose the other party’s case. Time limits include opening

1
21cv777-GPC (NLS)

Case 3:21-cv-00777-NLS Document 43 Filed 11/17/22 PageID.502 Page 2 of 4

1

statements, direct and cross-examination, and closing argument.

2

Regarding evidentiary objections, the Court will charge time against

3

the party losing the objection.

4

d. Motions in Limine: Before filing any motions in limine, parties

5

must meet and confer and attempt to resolve their disputes. All

6

motions in limine shall be filed no later than January 6, 2023.

7

Written opposition to in limine motions shall be filed no later than

8

January 13, 2023. The Court will hold a hearing on the motions in

9

limine on January 18, 2023 at 10:00 a.m. (courtroom to be

10

determined).

11

e. Trial briefs: no longer than 20 pages, shall be served and filed no

12
13

later than January 6, 2023.
2.

Final Exhibit List

14

a. No later than January 17, 2023, the parties shall lodge a final list of

15

all exhibits they plan to introduce at trial (except those to be used

16

solely for impeachment). Counsel must meet and confer regarding a

17

sequential numbering system that will be used for these exhibits

18

throughout the trial. Exhibits shall be marked as “Court Exhibit No.

19

___ as opposed to Plaintiff’s or Defendant’s No. ___. Plaintiff shall

20

choose a number range based on the number of exhibits they plan to

21

introduce (e.g., 1-50) and defendants shall begin their number range

22

beyond that range, (e.g., at 100). If the pages of an exhibit are not

23

numbered internally and it is necessary to identify pages of an

24

exhibit, then each page must receive a page number designation

25

preceded by the exhibit number (e.g., Exhibit No. 100-2, 100-3).

26
27
28

3. Final Witness List
a. No later than January 17, 2023, the parties shall lodge the final list
of witnesses they expect to call at trial.
2
21cv777-GPC (NLS)

Case 3:21-cv-00777-NLS Document 43 Filed 11/17/22 PageID.503 Page 3 of 4

1
2

4. Revised Final Pretrial Order
a. No later than January 17, 2023, the parties shall lodge a revised

3

pretrial conference order, in conformance with the Court’s Orders at

4

the Pretrial Conference.

5

5. Conduct of the Trial

6

a. The Court expects counsel and witnesses to be on time.

7

b. Witnesses: Counsel must have their witnesses at court on the date

8

they are expected to testify. Absent extraordinary circumstances, the

9

court will not delay a trial because a witness is not present. The

10

Court will permit witnesses to testify out of sequence, if necessary.

11

Counsel shall promptly alert the court to any scheduling problems

12

involving witnesses.

13

c. Authentication of Documents: Counsel should waive

14

authentication evidence of documents where authentication is not an

15

issue.

16

d. Discovery Materials: If depositions, requests for admission,

17

interrogatory responses or any other discovery responses are to be

18

used in lieu of live testimony at trial, the parties shall submit the

19

excerpts to be used to opposing counsel. Such excerpts must be

20

included in the parties’ Final Exhibit list.

21

e. Damages: Each party seeking monetary damages shall prepare a

22

summary of the documentary evidence supporting the damages

23

sought, which shall be included in the exhibit list and submitted at

24

rial in lieu of the underlying documentary evidence.

25

f. Organization of Exhibits: In document intensive cases, counsel

26

should put all documents in a tabbed notebook for easy reference by

27

the witness and the Court.

28
3
21cv777-GPC (NLS)

Case 3:21-cv-00777-NLS Document 43 Filed 11/17/22 PageID.504 Page 4 of 4

1

g. Courtesy: Be courteous and respectful at all times. Counsel may

2

expect such from the Court, and the Court expects such from

3

Counsel. Please be familiar with and abide by Civil Local Rule 2.1.

4
5
6
7

All non-conflicting provisions of the Court’s August 4, 2021, Scheduling Order
Regulating Discovery and Other Pretrial Proceedings shall remain in full force and effect.
IT IS SO ORDERED.
Dated: November 17, 2022

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
21cv777-GPC (NLS)