Opinion
Case No.2:11-CV-02726 JAM-EFB
10-19-2011
CLYDE BROWN, Plaintiff, v. D. ADAMS, et al., Defendants.
PRETRIAL ORDER
This case was transferred to this Court on October 17, 2011. The Court now makes the following findings and orders:
I. JURISDICTION/VENUE
Jurisdiction has previously been found to be proper by order of this court, as has venue. Those orders are confirmed.
II. JURY/NON-JURY
The case will be tried to a jury. Trial will commence on Monday, November 14, 2011 at 9:00 a.m. in Courtroom No. 6 of the above-entitled Court.
III. POINTS OF LAW
Trial briefs shall be E-filed with the court no later than seven (7) days prior to the date of trial, i.e., November 7, 2011. Any points of law not previously argued to the Court should be briefed in the trial briefs.
IV. WITNESSES
Plaintiff shall E-file his witness list with the Court no later than November 7, 2011.
Defendant shall E-file his witness list with the Court no later than November 7, 2011.
Each party may call a witness designated by the other.
A. Witnesses not included on the witness lists will not be permitted to testify unless:
(1) The party offering the witness demonstrates that the witness is for the purpose of rebutting evidence which could not be reasonably anticipated at the Pretrial Conference, or
(2) The witness was discovered after the Pretrial Conference and the proffering party makes the showing required in "B" below.
B. Upon the post-Pretrial discovery of witnesses, the attorney shall promptly inform the court and opposing parties of the existence of the unlisted witnesses so that the court may consider at trial whether the witnesses shall be permitted to testify. The evidence will not be permitted unless:
(1) The witnesses could not reasonably have been discovered prior to Pretrial;
(2) The court and opposing counsel were promptly notified upon discovery of the witnesses;
(3) If time permitted, counsel proffered the witnesses for deposition;
(4) If time did not permit, a reasonable summary of the witnesses' testimony was provided opposing counsel.
V. EXHIBITS, SCHEDULES AND SUMMARIES
Plaintiff shall file his exhibit list no later than November 7, 2011.
Defendant shall file his exhibit list no later than November 7, 2011.
Each party may use an exhibit designated by the other.
A. Exhibits not included on the exhibit lists will not be permitted to be introduced unless:
(1) The party proffering the exhibit demonstrates that the exhibit is for the purpose of rebutting evidence which could not be reasonably anticipated at the Pretrial Conference, or
(2) The exhibit was discovered after the Pretrial Conference and the proffering party makes the showing required in paragraph "B," below.
B. Upon the post-Pretrial discovery of exhibits, the attorneys shall promptly inform the court and opposing counsel of the existence of such exhibits so that the court may consider at trial their admissibility. The exhibits will not be received unless the proffering party demonstrates:
(1) The exhibits could not reasonably have been discovered prior to Pretrial;
(2) The court and counsel were promptly informed of their existence;
(3) Counsel forwarded a copy of the exhibit(s) (if physically possible) to opposing counsel. If the exhibit(s) may not be copied, the proffering counsel must show that he has made the exhibit(s) reasonably available for inspection by opposing counsel.
As to each exhibit, each party is ordered to exchange copies of the exhibit not later than seven (7) days before trial. Each party is then granted three (3) days to file and serve objections to any of the exhibits. In making the objection, the party is to set forth the grounds for the objection. The parties shall pre-mark their respective exhibits in accord with the Court's Pretrial Order. Exhibit stickers may be obtained through the Clerk's Office. An original and one (1) copy of the exhibits shall be presented to Harry Vine, Deputy Courtroom Clerk, at 8:30 a.m. on the date set for trial or at such earlier time as may be agreed upon. Mr. Vine can be contacted at (916) 930-4091 or via e-mail at: hvine@caed.uscourts.gov. As to each exhibit which is not objected to, it shall be marked and may be received into evidence on motion and will require no further foundation. Each exhibit which is objected to will be marked for identification only.
VI. FURTHER DISCOVERY OR MOTIONS
All discovery and law and motion was to have been conducted so as to be completed by now. No further formal discovery shall be permitted. The parties are free to do anything they desire pursuant to informal agreement. However, any such agreement will not be enforceable in this court.
VII. FURTHER TRIAL PREPARATION
A. Counsel are directed to Local Rule 285 regarding the contents of trial briefs. Such briefs should be E-filed seven (7) days prior to trial, i.e., November 7, 2011.
B. Counsel have already submitted a joint set of jury instructions (Doc. #89). No further jury instructions are required.
C. It is the duty of counsel to ensure that any deposition which is to be used at trial has been lodged with the Clerk of the Court pursuant to Local Rule 133(4)(j). The depositions shall be lodged with the court clerk seven (7) calendar days prior to the date of the trial. Counsel are cautioned that a failure to discharge this duty may result in the court precluding use of the deposition or imposition of such other sanctions as the court deems appropriate.
D. The parties are ordered to E-file with the court and exchange between themselves not later than one (1) week before the trial a statement designating portions of depositions intended to be offered or read into evidence (except for portions to be used only for impeachment or rebuttal).
E. The parties are ordered to E-file with the court and exchange between themselves not later than one (1) week before trial the portions of Answers to Interrogatories which the respective parties intend to offer or read into evidence at the trial (except portions to be used only for impeachment or rebuttal).
F. The parties have previously submitted proposed voir dire questions (Doc. #91).
G. A proposed verdict form has been submitted to the Court (Doc. #90).
H. In limine motions shall be E-filed separately at least ten (10) days prior to trial, i.e., November 4, 2011. Opposition briefs shall be E-filed five (5) days prior to trial, i.e., November 9, 2011. No reply briefs may be filed.
VIII. SETTLEMENT NEGOTIATIONS
No further settlement negotiations will be scheduled by the Court.
IX. ESTIMATE OF TRIAL TIME/TRIAL DATE
The Court estimates one (1) to three (3) court days for trial. Trial will commence on November 14, 2011, at 9:00 a.m.
Counsel are to call Harry Vine, Courtroom Deputy, at (916) 930-4091, one week prior to trial to ascertain the status of the trial date.
IT IS SO ORDERED.
JOHN A. MENDEZ
United States District Court Judge