Goodvine v. Swiekatowski et al

Filing 123

ORDER that 3/15/10 trial will be to the court; granting 114 Motion for Writ of Habeas Corpus ad testificandum for James D. Williams. Clerk of court directed to issue writ for James Williams attendance at trial. Signed by Chief Judge Barbara B. Crabb on 2/23/10. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------CHRISTOPHER GOODVINE, P la i n t i f f , v. ORDER 08-cv-702-bbc

M IC H A EL DONOVAN, D efendan t. --------------------------------------------T rial is scheduled for March 15, 2010, in this prisoner civil rights case in which p lain tiff Christopher Goodvine contends that defendant Michael Donovan (the prison chaplain) discriminated against plaintiff on the basis of religion by refusing to provide him w ith a Qur'an while providing Bibles to Christian prisoners. Two matters are before the cou rt. First, the parties have waived their rights to a jury and have stipulated to a court trial. D kt. ##117 and 119. The parties should do their best to comply with the requirements in this court's "Order in Non-Jury Cases," which was provided with the preliminary pretrial con ference order and is attached to this order as well. (I have changed the order to reflect

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that it is the responsibility of counsel for defendant to prepare the pretrial statement.) To avo id any confusion, the parties are instructed to abide by the deadlines in the January 13, 20 10 trial preparation order, dkt. #101, with the exception that they need not submit pro po sed voir dire or jury instructions. Also before the court is defendant's petition for a writ of habeas corpus ad testificandum for prisoner James D. Williams, a prisoner at the Green Bay Correctional In stitu tio n . Defendant represents that Williams has personal knowledge of facts relevant to this lawsuit, including the books available in the chapel library and the process through w h ich a prisoner may obtain those books. Accordingly, I will grant defendant's petition.

OR DER IT IS ORDERED that 1. In accordance with the stipulation of the parties, the trial in this case will be to the co urt on March 15, 2010. 2. Defendant Michael Donovan's petition for a writ of habeas corpus ad testif i c a n d um for James D. Williams (#33543), dkt. #114, is GRANTED. The Clerk of C o u rt is directed to issue a writ of habeas corpus ad testificandum for the attendance of W illiam s at trial beginning on March 15, 2010. Williams should arrive at the courthouse

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no later than 8:00 a.m. E n tered this 23r d day of February, 2010. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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ORDER IN NON-JURY CASES ASSIGNED TO JUDGE CRABB

C o u nsel are hereby directed to observe the following requirements in preparing for the trial to the court in this case: 1. No later than TWO WEEKS IN ADVANCE OF THE TRIAL counsel are to confer for the following purposes: A. To enter into comprehensive written stipulations of all uncontested facts in such form that they can be offered at trial as the first evidence presented by the party desiring to offer them . If there is a challenge to the admissibility of some uncontested facts that one party wishes in clu ded , the party objecting and the grounds for objection must be stated. B. To make any deletions from their previouslyexchan ged lists of potential trial witnesses. C . To enter into written stipulations setting forth the qualifications of expert witnesses. D . To examine, mark, and list all exhibits that an y party intends to offer at trial. E. To agree as to the authenticity and adm issibility of such exhibits so far as possible an d note the grounds for objection to any not agreed upon. F. To agree so far as possible on the contested issues of law. 4

G. To examine and prepare a list of all depositions and portions of depositions to be read into evidence and agree as to those portions to be read . If any party objects to the admissibility of an y portion, the name of the party objecting and the grounds shall be set forth. H . To explore the prospects of settlement. It shall be the responsibility of defendant's counsel to convene the conference between counsel and, following that conference, to prepare the Pretrial Statement described in the next paragraph. 2. No later than ONE WEEK PRIOR TO THE TRIAL, defendant's counsel shall subm it a Pretrial Statement containing the following: A. The parties' comprehensive stipulations of all uncontested facts. B . The probable length of trial. C . The names of all prospective witnesses. Only w itnesses so listed will be permitted to testify at th e trial except for good cause shown. D . The parties' written stipulation setting forth the qualifications of all expert witnesses. E. Schedules of all exhibits that will be offered in evid en ce at the trial, together with an indication of those agreed to be admissible and a summary statem en t of the grounds for objection to any not agre ed upon. Only exhibits so listed shall be o ffered in evidence at the trial except for good 5 written

cau se shown. F . An agreed statement of the contested issues of law supplemented by a separate statement by each counsel of those issues of law not agreed to by all parties. G . A list of all depositions and portions of depo sition s to be offered in evidence, together w ith an indication of those agreed to be adm issible and summary statements of the gro un ds for objections to any not so agreed upon. If only portions of a deposition are to be offered, cou nsel should mark the deposition itself with colored markers identifying the portions each p arty will rely upon. 3. No later than ONE WEEK PRIOR TO TRIAL, each counsel shall file with the cou rt and serve upon opposing counsel a statement of all the facts that counsel will request th e court to find at the conclusion of the trial. In preparing these statements, counsel should have in mind those findings that will support a judgment in their client's favor. The pro po sed findings should be complete. They should be organized in the manner in which co un sel desire them to be entered. They should include stipulated facts, as well as facts not stipulated to but which counsel expect to be supported by the record at the conclusion of the trial. Those facts that are stipulated to shall be so marked. 4. Along with the proposed findings of fact required by paragraph 3 of this order, each counsel shall also file and serve a proposed form of special verdict, as if the case were

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to be tried to a jury. 5 . Before the start of trial, each counsel shall submit to the court a complete set of co unsel's pre-marked trial exhibits to be used by the judge as working copies at trial. 6 . If counsel wish to submit trial briefs, they are to do so no later than THREE W O R K IN G DAYS PRIOR TO TRIAL. Copies of briefs must be provided to opposing co u n se l. Final pretrial submissions are to be filed as stated above with no exceptions. Failure to file or repeated and flagrant violations may result in the loss of membership in the bar of this court.

Entered this 27th day of October, 2006. BY THE COURT: BARBARA B. CRABB District Judge

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