United States District Court, N.D. California
FINAL PRETRIAL ORDER
WILLIAM ALSUP UNITED STATES DISTRICT JUDGE.
Good Cause and after a final pretrial conference, the
following constitutes the final pretrial order and rulings on
motions in limine:
case shall go to a bench trial on February 21 at 7:30 a.m.,
and shall continue until completed on the schedule discussed
at the conference. The trial shall be bifurcated, and the
first phase shall cover whether defendants violated the POBR
by taking “punitive action” against plaintiff
“for any act, omission, or other allegation of
misconduct [when] the investigation of the allegation [was]
not completed within one year” of defendants'
discovery of said allegation. See Cal. Gov't
Code § 3304(d). All other issues are postponed to a date
to be determined. This final pretrial order supersedes the
complaint, answer and any counterclaims, cross-claims or
third-party complaints, i.e., only the issues expressly
identified for trial remain in the case.
Rulings on the motions in limine were made on the record at
the final pretrial conference and are summarized later in
Except for good cause, each party is limited to the witnesses
and exhibits disclosed in the joint proposed final pretrial
order less any excluded or limited by an order in limine.
Materials or witnesses used solely for impeachment need not
be disclosed and may be used, subject to the rules of
parties should meet and confer and jointly submit a tabbed
binder with the 12 most important documents for this trial,
including the internal affairs investigation report. The
parties may tab and highlight significant passages in each
document, up to 20 passages for both sides. Plaintiff should
use pink tabs and highlighting. Defendants should use blue
tabs and highlighting. The parties should use green tabs and
highlighting for passages deemed significant by both sides.
stipulations of facts set forth in the joint proposed final
pretrial order are approved and binding on all parties.
agreement by both sides, each side shall have FIVE HOURS to
examine witnesses (counting direct examination,
cross-examination, re-direct examination, re-cross
examination, etc.). Opening statements and closing arguments
shall not count against the limit. If, despite being
efficient, non-duplicative, and non-argumentative in the use
of the allotted time, one side runs out of time and it would
be a miscarriage of justice to hold that side to the limit,
then more time will be allotted.
shall go first, and present as key witnesses the
decisionmakers involved in the punitive actions in question
against plaintiff, as well as witnesses to show tolling of
the POBR limitation period. Each witness will be subject to
cross-examination by plaintiff. Plaintiff may then present
witnesses. Rebuttal and surrebuttal may be allowed (if within
the time limits).
parties shall follow the Court's current Guidelines
for Trial and Final Pretrial Conference, separately
provided and available on the Internet at
http://www.cand.uscourts.gov, which guidelines are
incorporated as part of this order.
ON MOTIONS IN LIMINE
Motions in Limine.
Exclude Expert Testimony of Cohen and Volk. This ...