UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
July 12, 2010
RUBEN GARCIA, PLAINTIFF,
CITY OF IMPERIAL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Honorable Barry Ted Moskowitz United States District Judge
ORDER SETTING NEW TRIAL DATE AND CONTINUING PRETRIAL CONFERENCE
Trial in this case is reset for October 12, 2010 at 9:00 a.m. The pretrial conference is continued to September 14, 2010 at 3:00 p.m. The proposed pretrial order shall be lodged with Chambers on or before September 7, 2010. Proposed jury instructions and motions in limine are to be filed by September 1, 2010. Each side is limited to 5 motions in limine that are 5 pages or less. Responses to motions in limine may be filed on or before September 8, 2010.
The pretrial order should be in the following form, which replaces the requirements under CivLR 16.1(f)(6)(c). No Memoranda of Law or Contentions of Fact are to be filed except in a bench trial.
The parties shall meet and confer and prepare a proposed pretrial order containing the following:
1. A statement to be read to the jury, not in excess of one page, of the nature of the case and the claims and defenses.
2. A list of the causes of action to be tried, referenced to the Complaint [and Counterclaim if applicable]. For each cause of action, the order shall succinctly list the elements of the claim, damages and any defenses. A cause of action in the Complaint [and/or Counterclaim] which is not listed shall be dismissed with prejudice.
3(a). A list of each witness counsel actually expect to call at trial with a brief statement, not exceeding four sentences, of the substance of the witnesses' testimony.
3(b). A list of each expert witness counsel actually expect to call at trial with a brief statement, not exceeding four sentences, of the substance of the expert witnesses' testimony.
3(c). A list of additional witnesses, including experts, counsel do not expect to call at this time but reserve the right to call at trial along with a brief statement, not exceeding four sentences, of the substance of the witnesses' testimony.
4(a). A list of all exhibits that counsel actually expect to offer at trial with a one-sentence description of the exhibit.
4(b). A list of all other exhibits that counsel do not expect to offer at this time but reserve the right to offer if necessary at trial with a one-sentence description of the exhibit.
5. A statement of all facts to which the parties stipulate. This statement shall be on a separate page and will be read to and provided to the jury. The parties are directed to meet with the assigned magistrate judge to work out as many stipulations of fact as possible.
6. A list of all deposition transcripts by page and line, or videotape depositions by section, that will be offered at trial.
7. In addition to filing proposed jury instructions in accordance with Fed. R. Civ. P. 51 and CivLR 51.1, the parties shall e-mail the proposed instructions in Word or Wordperfect form to Chambers. If a party disagrees with a particular instruction, the party shall submit an alternate instruction.
The Court encourages the parties to consult with the assigned magistrate judge to work out any problems in preparation of the proposed pretrial order. The court will entertain any questions concerning the conduct of the trial at the pretrial conference.
IT IS SO ORDERED.
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