United States District Court, N.D. California
ORDER FOLLOWING PRE-TRIAL CONFERENCE Re: Dkt. Nos.
60-74, 76-79, 81-83, 85-88
ELIZABETH D. LAPORTE United States Magistrate Judge
7, 2016, the Court held a pretrial conference in this case.
For the reasons stated at the conference and in this Order,
the Court orders as follows.
TRIAL SCHEDULE AND PROCEDURE
Trial in this case will begin on Monday, July 25, 2016 at
9:00 a.m. The first day of trial will consist of
non-argumentative “mini opening statements” (five
minutes or less), jury selection, opening statements, reading
of the preliminary jury instructions, and Plaintiff beginning
its case. Counsel shall report to the courtroom no later than
Generally, the trial schedule shall be from 9:00 a.m. to 4:00
p.m., with two 15-minute breaks and a 45-minute lunch.
Counsel shall arrive by no later than 8:30 a.m. to set up and
discuss any outstanding issues with the Court outside the
presence of the jury.
Counsel shall have up to 30 minutes for opening statements
and up to one hour for closing statements.
Plaintiff shall have up to 7 hours of trial time to present
its case, and Defendants shall have up to 7 hours of trial
time to present their defense. The trial shall be completed,
and the case turned over to the jury by no later than
Thursday, July 28, 2016.
jury will consist of eight jurors.
Parties shall meet and confer and thereafter file a joint
brief, neutral statement of the case to be read to the jury
panel during voir dire, as well as a list of witnesses and
counsel to be provided to the jury panel during voir dire, by
Thursday, July 14, 2016. The Parties shall also meet and
confer to determine whether to request that the Court’s
Office of Jury Administration administer a questionnaire to
potential jurors, and, if so, submit a joint proposed
questionnaire by Thursday, July 14, 2016.
Court will disallow Plaintiff’s first proposed voir
dire question (regarding the U.S. Department of
Justice’s investigation into SFPD), and will allow his
second, third, and fourth proposed voir dire questions.
During jury selection, each side will be able to exercise up
to three peremptory challenges (alternating) and any
“for cause” challenges outside the presence of
Parties have stipulated as follows:
• There was probable cause for plaintiff’s
detention and arrest.
• Plaintiff seeks no damages for loss of income in the
past or future as a result of his injuries.
• The parties stipulate to a procedure for the
bifurcation of the amount of punitive damages at trial. A
declaration of assets will be prepared by Officer Harris
under oath that will be provided to jury for their
consideration during a second phase of deliberation only if
the jury finds that punitive damages are warranted.
• The parties stipulate that JARED HARRIS was employed
by the City and County of San Francisco and acting within the
course and scope of his employment as a San Francisco Police
Officer when he arrested MICHAEL GARNER.
Parties will file a stipulation and proposed order by
Thursday, July 14, 2016 to the effect that Defendant City and
County of San Francisco (“CCSF”) has entirely
forgiven any and all amounts that may have been due or owing
by Plaintiff in connection with his treatment at San
Francisco General Hospital on November 27, 2013 or December
12, 2013, ...