DeJesus et al v. Annucci et al
Filing
84
TRIAL ORDER : The jury trial in this case shall begin on August 15, 2022 at 9:00 a.m. in Syracuse, New York before the Honorable Glenn T. Suddaby. Any request to the Court to issue a Writ of Habeas Corpus Ad Testificandum to produce an inmate witnes s to testify at trial must be made by June 27, 2022. All counsel must appear before the undersigned at a final pretrial conference on August 8, 2022 at 10:00 AM at the James Hanley Federal Building, 100 South Clinton Street, Syracuse, New York. A ll pretrial submissions, including any motions in limine, must be filed on or before July 25, 2022, and all responses to motions in limine must be filed on or before August 1, 2022. This order supersedes all deadlines previously set. Signed by Chief Judge Glenn T. Suddaby on 5/10/2022. (sal)
Case 9:18-cv-00372-GTS-DJS Document 84 Filed 05/10/22 Page 1 of 12
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
YOLANDA KEYES, Administratrix of the
Estate of Francisco DeJesus, formerly known
as Francisco DeJesus; and
HERRON EMERENCIANO,
Plaintiffs,
9:18-cv-372 (GTS/DJS)
-vsMICHAEL DIXON, Sergeant, Clinton
Correctional Facility; JEFFREY ROCK,
Lieutenant, Clinton Correctional Facility; and
JERRY KOWALOWSKI, Recreation Program
Leader, Clinton Correctional Facility,
Defendants.
GLENN T. SUDDABY, CHIEF U.S. DISTRICT JUDGE
TRIAL ORDER
All relevant Uniform Pretrial Scheduling Order deadlines having expired in
the above-captioned case, it is hereby designated “trial ready.”
Accordingly, it is hereby
ORDERED that the jury trial in this case shall begin on August 15, 2022 at
9:00 a.m. in Syracuse, New York before the Honorable Glenn T. Suddaby, it is
hereby
ORDERED that any request to the Court to issue a Writ of Habeas Corpus
Ad Testificandum to produce an inmate witness to testify at trial must be made by
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June 27, 2022 and must include a detailed statement as to the relevancy of the
inmate witness’ testimony and what the inmate witness is expected to testify to,
including, but not limited to, the date and time of the incident witnessed; where
exactly the inmate witness was located when he/she witnessed the incident and
how he/she was able to view the incident (i.e. if he/she was located in an
adjoining cell); the names of the individuals involved in what he/she witnessed;
and what exactly was witnessed; and it is further
ORDERED that all counsel appear before the undersigned at a final pretrial
conference on August 8, 2022 at 10:00 AM at the James Hanley Federal
Building, 100 South Clinton Street, Syracuse, New York; it is further
ORDERED that all pretrial submissions, including any motions in limine,
must be filed on or before July 25, 2022, and all responses to motions in limine
must be filed on or before August 1, 2022. This order supersedes all deadlines
previously set. All pretrial submissions shall include the following:
(1)
Joint Pretrial Stipulations: A joint pretrial stipulation shall be
subscribed by counsel for all parties, shall be electronically filed with
the Clerk's Office, and shall contain:
(a)
The basis of federal jurisdiction;
(b)
A list of all exhibits that can be stipulated into evidence or that
will be offered without objection as to foundation; and
(c)
Relevant (1) facts not in dispute, (2) facts in dispute, and (3)
issues of law to be considered and applied by the Court.
(2)
Witnesses:
(a)
Counsel shall file electronically with the Clerk's Office, with a
copy to opposing counsel, a list of witnesses that may be
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called to testify at trial, other than solely for impeachment
purposes, including the following information regarding each
witness:
(i)
(ii)
(b)
(3)
The name and address of each witness (city,state) and
title (if applicable), separately identifying those whom
the party expects to present and those whom the party
may call if the need arises, as well as a brief summary
of the testimony to be offered by each witness.
The designation of those witnesses whose testimony is
expected to be presented by means of a deposition
(including video-taped deposition), specifically
identifying the pertinent portions of the deposition
testimony to be offered.
The unavailability of any witness, expert, or otherwise, will
not be grounds for a continuance. In order to avoid the
possibility of going forward with the trial without the testimony
of an unavailable witness, counsel, where appropriate, shall
preserve same before the trial date by written or video-taped
deposition for possible use at trial. (See Paragraph 5).
Exhibits:
(a)
Exhibit Lists: Counsel shall file electronically with the Clerk's
Office, with a copy to opposing counsel, an exhibit list on the
form prescribed by the Court, a copy of which is attached to
this Order. Counsel are to supply the exhibit number and
exhibit description. The remaining boxes shall be left blank for
the Courtroom Deputy.
(b)
All documents and/or papers intended as exhibits or to be
used during the course of trial, including but not limited to,
documents, photographs, charts, diagrams, etc., shall be
marked for identification in the manner prescribed below and
must be assembled in BINDERS with each document properly
marked at the lower right corner for identification purposes as
directed below. Counsel shall provide a separate binder with
a complete set of exhibits for the Clerk and for the Court on
the first day of trial, and one binder to each opposing
counsel.
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The exhibits shall have been inspected by the opposing party
and copied at their expense (unless waived), NO LATER
THAN ONE WEEK PRIOR TO THE FINAL PRETRIAL
CONFERENCE DATE. The exhibit binders for the Clerk and
the Court shall be presented to Judge Suddaby's Courtroom
Deputy at the beginning of the trial.
NOTE: During the course of trial the Courtroom Deputy shall
take charge of exhibits which are received into evidence. At the
conclusion of the trial, the Courtroom Deputy will immediately
return all of the exhibits to the proper parties. It is the
responsibility of the parties to maintain the exhibits and to
produce the exhibits for any appeal. Videotaped deposition
transcripts viewed at trial shall be filed with the Clerk’s office
and made a part of the record and counsel is responsible for
providing an additional copy of the transcript to the Courtroom
Deputy.
(c)
Exhibit Markers: Counsel shall fill in the appropriate markers
leaving the "Date entered" and "Deputy Clerk" lines blank. All
exhibits shall be assigned numbers by using a prefix of "P" for
plaintiff, "D" for defendant, and "G" for Government.
Plaintiff's exhibits should be denoted as: P-l, P-2, P-3, etc.
Defendant's exhibits should be denoted as: D-l, D-2, D-3, etc.
Government's exhibits should be denoted as: G-l, G-2, G-3,
etc. In cases involving multiple defendants, the exhibits shall
be denoted with the initial of the last name of the defendant
and its numerical identification number.
Stickers shall be affixed whenever possible to the lower righthand corner of the exhibit. If the exhibit marker is going to
cover any information on the exhibit, then affix the marker to
the reverse side of the exhibit. Each exhibit shall also have an
exhibit number in the upper right hand corner of the exhibit (Pl, P-2, etc. or D-l, D-2, etc.).
(4)
Motions In Limine: Counsel shall file electronically with the Clerk's
Office, with a copy to opposing counsel, any motions in limine by July
25, 2022, citing the applicable rules of evidence and case law.
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Counsel shall file any response to a Motion In Limine no later than
August 1, 2022. MOTIONS IN LIMINE MAY NOT OTHERWISE BE
FILED WITHOUT LEAVE OF THE COURT.
(5)
Depositions: All deposition transcripts and video-taped depositions to
be used at trial shall be brought to court on the day of trial. Not less
than four weeks prior to the trial date, each party shall indicate to the
opposing party the portion of the video deposition to be offered. To
the extent possible, objections are to be resolved between the
parties. One week before the Final Pretrial Conference, counsel
shall forward to the Judge’s chambers any portions of a deposition
transcript intended to be used in trial that are in dispute (including
video-taped depositions) for ruling at the Final Pretrial Conference.
The parties must provide an edited version of any VHS tape or
DVD to be shown to the jury at trial deleting any portions ruled
inadmissible by the Court. The Court does not have the capability
to start and stop a video during trial to edit certain portions of the
VHS tape or DVD. All deposition transcripts, including videotaped
depositions, that are not in dispute shall be brought to Court on the
first day of trial. Counsel shall provide the Court with an additional
copy of the “redacted” transcript of all video deposition testimony
which is put into evidence at trial and shall be made a part of the
record for filing with the Clerk’s office. Counsel must confirm with
the Court that the DVD format is compatible with the Courtroom
equipment prior to the first day of trial.
(6)
Trial Briefs: Counsel shall file electronically with the Clerk's Office,
with a copy to opposing counsel, a trial brief containing argument
and citations on any and all disputed issues of law, citing the
applicable rules of evidence and case law. Trial briefs should also
include any evidentiary issues that are expected to arise.
(7)
Requests to Charge/Special Verdict Form: Counsel shall file
electronically with the Clerk's Office a request to charge and a
proposed Special Verdict Form, with a copy to opposing counsel,
and email a copy of same in WordPerfect or Word format to Judge
Suddaby’s Courtroom Deputy at shelly_muller@nynd.uscourts.gov.
The request to charge need only include instructions that are specific
to the law in this case regarding liability, damages, and any unusual
issues. The court has the usual boilerplate charge.
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(8)
Voir Dire: Counsel shall electronically file any proposed Voir Dire
requests. Each party shall submit a numbered list of questions
which the court, in the exercise of its discretion, may use during jury
selection, and counsel shall email a copy of any proposed Voir Dire
questions in WordPerfect or Word format to Judge Suddaby’s
Courtroom Deputy at shelly_muller@nynd.uscourts.gov.
(9)
Court-Ordered Voir Dire: Counsel shall electronically file with the
Clerk’s office the attached “Court-Ordered Voir Dire”.
(10) Courtroom Technology: The courtroom has a VHS/DVD combo unit,
visual evidence presenter, VGA connections for laptops (no internet)
and interpreter/hearing impaired headsets. The Court does not have
a MAC cable converter. Attorneys using MAC laptops will need to
provide their own cable connection and test the laptop at least one
day prior to the trial. The DVD player will play all non-proprietary
DVDs (ex. .avi, .mp3, .mp4 and .wmv), and counsel is responsible for
confirming that any DVD to be played during trial is compatible with
the Court’s equipment prior to the first day of trial. The visual
evidence presenter will allow counsel to display documents, photos,
objects, x-rays and electronic presentations on monitors placed
throughout the courtroom and in the jury box with touch screen
monitors at the podium and witness stand. Laptop hook ups are
available at the podium and at all counsel tables (no internet).
Counsel are encouraged to utilize the visual presenter to publish
exhibits to the jury. Counsel is responsible for learning how to use the
equipment prior to the first day of trial. The Court does not provide a
person to run the equipment during trial. For further information on
the use of this equipment or to make arrangements for training,
please contact the Courtroom Deputy. Additional courtroom
technology information may be obtained on the court's webpage:
www.nynd.uscourts.gov.
IT IS SO ORDERED.
Dated:
May 10, 2022
Syracuse, NY
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COURT ORDERED VOIR DIRE
(to be used by the Judge at trial)
CASE TITLE:
CIVIL ACTION NO.:
DISTRICT JUDGE:
ATTACHMENT # 1
Each attorney is required to submit the following information on behalf of
his/her client for use by the Court during Voir Dire and must be filed with the
Court one week in advance of the trial ready date.
NAMES AND ADDRESSES OF ALL PARTIES TO THE LAWSUIT:
(use additional page if necessary)
YOUR NAME, FIRM NAME, ADDRESS AND THE NAME OF ANY
PARTNER OR ASSOCIATE WHO MAY BE AT COUNSEL TABLE DURING
THE COURSE OF THE TRIAL.
(use additional page if necessary)
SET FORTH THE DATE OF THE OCCURRENCE, THE PLACE OF THE
OCCURRENCE AND A BRIEF STATEMENT OF THE EVENTS CENTRAL
TO THE LITIGATION.
(use additional page if necessary)
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SET FORTH THE NAMES AND ADDRESSES OF ALL LAY WITNESSES
TO BE CALLED.
(use additional page if necessary)
SET FORTH THE NAMES AND ADDRESSES OF ALL EXPERT
WITNESSES TO BE CALLED GIVING A BRIEF DESCRIPTION OF THEIR
AREAS OF EXPERTISE.
(use additional page if necessary)
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SET FORTH A BRIEF DESCRIPTION OF EACH AND EVERY CAUSE OF
ACTION IN THE COMPLAINT.
(use additional page if necessary)
SET FORTH A BRIEF DESCRIPTION OF EACH AND EVERY
AFFIRMATIVE DEFENSE ASSERTED AS WELL AS A STATEMENT
ADDRESSING ANY COUNTERCLAIMS RAISED IN THE ANSWER.
(use additional page if necessary)
-------------------------------PLEASE TAKE NOTICE that any delay in jury selection occasioned by the
failure to provide this information which causes a one (1) day or more
postponement of this trial, appropriate monetary sanctions may be imposed
by the Court.
Submitted by:
Date:
-9-
Case 9:18-cv-00372-GTS-DJS Document 84 Filed 05/10/22 Page 10 of 12
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
CASE NO. _______________
PLAINTIFF EXHIBIT NO. __________
DATE ENTERED __________
CASE NO. _______________
DEFENDANT EXHIBIT NO. __________
DATE ENTERED __________
JOHN M. DOMURAD, CLERK
BY: ______________________________
DEPUTY CLERK
JOHN M. DOMURAD, CLERK
BY: ______________________________
DEPUTY CLERK
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
CASE NO. _______________
PLAINTIFF EXHIBIT NO. __________
DATE ENTERED __________
CASE NO. _______________
DEFENDANT EXHIBIT NO. __________
DATE ENTERED __________
JOHN M. DOMURAD, CLERK
BY: ______________________________
DEPUTY CLERK
JOHN M. DOMURAD, CLERK
BY: ______________________________
DEPUTY CLERK
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
CASE NO. _______________
PLAINTIFF EXHIBIT NO. __________
DATE ENTERED __________
CASE NO. _______________
DEFENDANT EXHIBIT NO. __________
DATE ENTERED __________
JOHN M. DOMURAD, CLERK
BY: ______________________________
DEPUTY CLERK
JOHN M. DOMURAD, CLERK
BY: ______________________________
DEPUTY CLERK
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
CASE NO. _______________
PLAINTIFF EXHIBIT NO. __________
DATE ENTERED __________
CASE NO. _______________
DEFENDANT EXHIBIT NO. __________
DATE ENTERED __________
JOHN M. DOMURAD, CLERK
BY: ______________________________
DEPUTY CLERK
JOHN M. DOMURAD, CLERK
BY: ______________________________
DEPUTY CLERK
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Case 9:18-cv-00372-GTS-DJS Document 84 Filed 05/10/22 Page 11 of 12
Page 1 of ___
United States District Court
For The Northern District Of New York
Case No. ___________________________
Date: ______________________________
Presiding Judge: _____________________
( ) Plaintiff
Exhibit
No.
( ) Defendant
Marked for
Identification
Admitted Into
Evidence
Remarks
( ) Court
Witness
Exhibit Description
Exhibits Returned To Counsel (Date):______________ Signature:______________________________
Case 9:18-cv-00372-GTS-DJS Document 84 Filed 05/10/22 Page 12 of 12
Page __ of __
Exhibit
No.
Marked for
Identification
Admitted Into
Evidence
Remarks
Witness
Exhibit Description
Exhibits Returned To Counsel (Date):______________ Signature:______________________________
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