United States District Court, E.D. California
SUPPLEMENTAL PRETRIAL SCHEDULING ORDER
MORRISON C. ENGLAND, JUDGE
review of the parties' Joint Trial Readiness Statement,
the Court makes the following Supplemental Pretrial
FINAL PRETRIAL CONFERENCE
Pretrial Conference is set on January 11, 2018, at 2:00 p.m.,
in courtroom 7. At least one of the attorneys who will
conduct the trial for each of the parties shall attend the
Final Pretrial Conference. If by reason of illness or other
unavoidable circumstance a trial attorney is unable to
attend, the attorney who attends in place of the trial
attorney shall have equal familiarity with the case and equal
authorization to make commitments on behalf of the client.
for all parties are to be fully prepared for trial at the
time of the Final Pretrial Conference, with no matters
remaining to be accomplished except production of witnesses
for oral testimony.
parties shall file, not later than December 14, 2017, a Joint
Final Pretrial Conference Statement. The provisions of Local
Rule 281 shall apply with respect to the matters to be
included in the Joint Final Pretrial Conference Statement. In
addition to those subjects listed in Local Rule 281(b), the
parties are to provide the Court with a plain, concise
statement that identifies every non-discovery motion tendered
to the Court and its resolution. Failure to comply with Local
Rule 281, as modified by this Trial Setting Order, may be
grounds for sanctions.
time of filing the Joint Final Pretrial Conference Statment,
counsel shall also electronically mail to the Court in
digital format compatible with Microsoft Word, the Joint
Final Pretrial Statement in its entirety including the
witness and exhibit lists. These documents shall be sent to
parties should identify first the core undisputed facts
relevant to all claims. The parties should then, in a concise
manner, identify those undisputed core facts that are
relevant to each claim. The disputed facts should be
identified in the same manner. Where the parties are unable
to agree as to what disputed facts are properly before the
Court for trial, they should nevertheless list all disputed
facts asserted by each party. Each disputed fact or
undisputed fact should be separately numbered or lettered.
party shall identify and concisely list each disputed
evidentiary issue which will be the subject of a motion in
party shall identify the points of law which concisely
describe the legal issues of the trial which will be
discussed in the parties' respective trial briefs. Points
of law should reflect issues derived from the core undisputed
and disputed facts. Parties shall not include argument or
authorities with any point of law.
party shall confirm the number of court days required to
submit the case to the jury. The parties shall further
confirm how many court days they will each require to present
their cases, inclusive of opening statements and closing
arguments. Plaintiffs' estimate shall also include the
time necessary for jury selection, and Defendants'
estimate shall include the time necessary to finalize jury
instructions and to instruct the jury. If the parties later
submit a revised trial length estimate, the Court will
attempt to accommodate them, but, due to its impacted docket,
cannot guarantee that it will be able to do so.
parties are reminded that pursuant to Local Rule 281 they are
required to list in the Joint Final Pretrial Conference
Statement all witnesses and exhibits they propose to offer at
trial. After the name of each witness, each party shall
provide a brief statement of the nature of the testimony to
be proffered. The parties may file a joint list or each party
may file separate lists. These list(s) shall not be contained
in the body of the Joint Final Pretrial Conference Statement
itself, but shall be attached as separate documents to be
used as addenda to the Final Pretrial Order.
exhibits shall be listed numerically. Defendants'
exhibits shall be listed alphabetically. The parties shall
use the standard exhibit stickers provided by the Court
Clerk's Office: pink for plaintiff and blue for
defendant. In the event that the alphabet is exhausted, the
exhibits shall be marked “AA-ZZ” and
“AAA-ZZZ” etc. After three letters, note the
number of letters in parenthesis (i.e.,
“AAAA(4)”) to reduce confusion at trial.
Placement of the exhibit sticker shall not overlie any part
of the exhibit to be offered. All multi-page exhibits shall
be stapled or otherwise fastened together and each page
within the exhibit shall be numbered. All photographs shall
be marked individually. The list of exhibits shall not
include excerpts of depositions, which may be used to impeach
witnesses. In the event that Plaintiffs and Defendants offer
the same exhibit during trial, that exhibit shall be referred
to by the designation the exhibit is first
identified. The Court cautions the parties to pay
attention to this detail so that all concerned will not be
confused by one exhibit being identified with both a number
and a letter.
Final Pretrial Order will contain a stringent standard for
the offering at trial of witnesses and exhibits not listed in
the Final Pretrial Order, and the parties are cautioned that
the standard will be strictly applied. On the other hand, the
listing of exhibits or witnesses that a party ...