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Garner v. City And County San Francisco

United States District Court, N.D. California

July 11, 2016

MICHAEL WAYNE GARNER, Plaintiff,
v.
CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants.

          ORDER FOLLOWING PRE-TRIAL CONFERENCE Re: Dkt. Nos. 60-74, 76-79, 81-83, 85-88

          ELIZABETH D. LAPORTE United States Magistrate Judge

         On July 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.

         I. TRIAL SCHEDULE AND PROCEDURE

         1. 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 8:30 a.m.

         2. 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.

         3. Counsel shall have up to 30 minutes for opening statements and up to one hour for closing statements.

         4. 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.

         5. The jury will consist of eight jurors.

         6. The 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.

         7. The 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.

         8. 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 the jury.

         II. STIPULATIONS

         1. The 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.

         2. The 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, ...


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