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Borges v. County of Humboldt

United States District Court, N.D. California

May 25, 2017

Stephany Borges, Plaintiff,
v.
County of Humboldt, Michael Downey, Tim Hershberger, Terri Bittner, Tim Hammer and David Swim Defendants.

          PRETRIAL ORDER NO. 1

          YVONNE GONZALEZ ROGERS, UNITED STATES DISTRICT COURT JUDGE

         Having considered the filings to date and the arguments and other submissions at the Pretrial Conference, held on May 19, 2017, for good cause shown the Court enters the following orders:

         1. Trial Date and Schedule: The trial of this matter is confirmed for Monday, August 21, 2017, with an alternative date of August 28, 2017 should the case of Del Real v. City of Long Beach, 15-2831 pending in the Central District of California, proceed to trial. Counsel for plaintiff shall advise the Court and counsel of the status of the same by June 30, 2017.

Proceedings shall begin each day at 8:00 a.m. in United States Federal Court, McKinleyville, California. Parties should be prepared to proceed with jury selection on Friday, August 18, 2017.

         2. Evidence shall be presented to the jury generally on the following daily schedule, Monday through Friday, from:

a. 8:30 a.m. to 10:15, then a fifteen minute break;
b. 10:30 a.m. to 12:15, then a forty-five minute break for lunch;
c. 1:00 p.m. to 2:45, then a fifteen-minute break; and
d. 3:00 p.m. to 4:30.

         Additional time may be scheduled for matters outside the presence of the jury as necessary and determined by the Court. Sidebars are not permitted. Counsel should be prepared to anticipate issues so that they may be addressed outside of normal trial hours. In this regard, Counsel should also be prepared to reconvene with the Court before or after the start of the jury day.

         3. The Court sets the next pre-trial conference for July 14, 2017 at 8:00 a.m.

         4. For trial filings, the caption in this case shall reflect only currently pending parties.

         5. Standard Motions in Limine: The Court hereby orders that: (a) witnesses shall be excluded until testimony is completed; (b) there shall be no reference to or evidence presented of settlement discussions, mediation, or insurance; and (c) there shall be no reference to or evidence presented of wealth or lack thereof of any party except in the punitive damage phase of a case, to the extent it exists.

         A motion in limine refers “to any motion, whether made before or during trial, to exclude anticipated prejudicial evidence before the evidence is actually ...


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