United States District Court, N.D. California, San Jose Division
ORDER FOLLOWING PRETRIAL CONFERENCE RE: DKT. NO.
M. Whyte United States District Judge
court held a pretrial conference in this matter on July 15,
2016. Plaintiff Adil Hiramanek appeared telephonically.
Plaintiff Roda Hiramanek did not appear due to health issues.
Mr. Hiramanek represented that Ms. Hiramanek authorized him
to communicate to the court that she waived her right to
appear at the pretrial conference. James Brown appeared for
defendant Beth Miller. The court rules as
trial of plaintiffs’ claims against defendant Miller
will commence with jury selection at 9:00 a.m. on Tuesday,
August 2, 2016. Each side will be allotted 8 hours of
presentation time, including opening statements, but not
including closing statements or jury selection. The parties
should plan for trial to run each day on August 2, 3, and 4,
2016, with appropriate meal and rest breaks. The court may
adjust the exact schedule as the trial date approaches.
Opening statements and initial testimony will likely begin on
Tuesday, August 2, 2016.
Fact Witnesses and Subpoenas
Miller, Adil Hiramanek, and Roda Hiramanek will be allowed to
testify without the need for subpoenas.
objects to the admission of any testimony from David Merritt,
Ed Summerfield and Shiv Palleti on the grounds that
plaintiffs failed to adequately respond to interrogatories
seeking identification of any witnesses to alleged
discriminatory conduct by defendant Miller. The court grants
defendant leave to file a motion to exclude the testimony of
these witnesses by 5 pm on Wednesday, July 20, 2016. The
motion shall identify the relevant interrogatories,
plaintiffs’ responses thereto, and any objections to
the substance of these witnesses’ testimony. By 5 pm on
Monday, July 25, 2016, plaintiffs shall file a response. The
motion and response may not exceed 5 pages each, and Adil and
Roda Hiramanek may only file a single, combined response. The
court grants plaintiffs leave to request trial subpoenas from
the clerk of the court for David Merritt, Ed Summerfield and
Shiv Palleti, but the court reserves ruling on whether these
witnesses will be allowed to testify.
James Brown, Senior District Judge Ronald M. Whyte, Lisa
Lazer, Theresia Sandhu, and Thomas Bloom will not be
permitted to testify.
Burgess and Deputy McChristian will not be allowed to testify
unless plaintiffs introduce argument or evidence that would
render their testimony relevant.
Medical Records and Medical Witnesses
relevant and if an appropriate sponsoring witness can be
found, plaintiffs may introduce the personal medical records
that they have disclosed to defendant. The court will not
take judicial notice or admit any evidence from medical
publications or studies. By Wednesday, July 20, 2016-and
preferably earlier-plaintiffs shall identify any physician
who actually treated them who plaintiffs wish to call as a
witness. Plaintiffs’ submission shall include a brief
statement describing the substance of the witness’s
expected testimony. The court will then determine whether to
grant plaintiffs leave to request a subpoena from the clerk
of the court. The court will not allow plaintiffs to call an
unidentified physician as a witness.
shall provide a reduced list of the exhibits they plan to
introduce at trial. The parties shall meet and confer and
submit any exhibit objections to the court by July 20, 2016.
parties should assume that this court’s order
precluding defendant from introducing state court orders
adverse to plaintiffs remains in place. See Dkt. No.
658 at 3-4. If defendant wishes to introduce any state court
orders regarding Mr. Hiramanek’s status as a vexatious
litigant, defendant must submit a brief with citation to
relevant authority, not to exceed three pages, by July 20,
2016. Plaintiffs need not file a response unless otherwise
ordered by the court. However, the court once again notes
that if ...