United States District Court, E.D. California
ORDER SETTING PRE-TRIAL CONFERENCE FOR AUGUST 28,
2017 AT 10:30 A.M. PARTIAL PRETRIAL ORDER
the pendency of a motion for reconsideration and the
parties' inability to file a joint pre-trial statement,
the Court vacated the May 1, 2017 pre-trial conference. On
May 4, 2017, the Court granted Plaintiff's motion for
reconsideration, and a First Amended Complaint was
subsequently filed. On May 30, 2017, a status conference was
held. See Doc. No. 120. As part of that status
conference, the Court set a new trial date and a trial
confirmation and motions in limine hearing date. The Court
issues this partial pre-trial order in light of those new
on August 28, 2017, the Court will hold a pre-trial
conference at 10:30 a.m in Courtroom No. 2. Following the
pre-trial conference, the Court will issue an amended
pre-trial order. On or by August 21, 2017, the parties will
submit a joint pre-trial statement that includes all
of the information required under Local Rule 281.
Jurisdiction and Venue
Court has subject matter jurisdiction and supplemental
jurisdiction under 28 U.S.C. §§ 1331 and 1367 by
virtue of Plaintiff's Americans with Disabilities Act (42
U.S.C. § 12101 et. seq.) claim. Venue is proper in this
district under 28 U.S.C. § 1391(b)(2).
has requested a jury trial.
Further Discovery or Motions
parties shall contact the Magistrate Judge for purposes of
setting an additional scheduling and/or a further discovery
parties may engage in their own settlement negotiations at
any time and they may contact the Magistrate Judge for
purposes of setting a formal settlement conference.
Separate Trial Of Issues
trial will be bifurcated. The first phase will decide
liability, damages, and punitive liability. If punitive
liability is found, then the second phase will decide
Further Trial Preparation
Final Witness List
parties are ordered to file and serve their final list of
witnesses by November 2, 2017. Additionally, at that time
Plaintiffs shall disclose the order of witnesses so that
Defendants will be prepared for cross-examination.
parties are to file and serve a Trial Brief by September 25,
2017. Local Rule 285. The parties need not include in the
Trial Brief any issue that is adequately addressed in a
motion in limine, or in an opposition brief to a motion in
limine. Any response to a Trial Brief shall be filed and
served by September 29, 2017.
Duty of Counsel to Pre-Mark Exhibits
parties are ordered to confer no later than September 8,
2017, for purposes of pre-marking and examining each
other's exhibits. All joint exhibits must be pre-marked
with numbers preceded by the designation JT/-- (e.g., JT/1,
JT/2). The significance of identifying an exhibit as a
“joint exhibit” is that it can be admitted by
either party, at any time, and without objection. All of
Plaintiffs' exhibits shall be pre-marked with numbers.
All of Defendants' exhibits shall be pre-marked with
Counsel shall create four (4) complete, legible sets of
exhibits in binders as follows:
(a) Two sets of binders to be delivered to Courtroom Clerk
Wendy Kusamura by November 2, 2017, one for use by the
Courtroom Clerk and the other for the court; and
(b) One set for each counsel's own use.
parties desire, they may have a fifth set of binders to be
used for the purposes of questioning witnesses.
Counsel are to confer and make the following determination
with respect to each proposed exhibit to be introduced into
evidence, and to prepare separate indexes - one listing joint
exhibits, and one listing each party's separate exhibits:
(a) Duplicate exhibits, i.e., documents which both sides
desire to introduce into evidence, shall be marked as a joint
exhibit, and numbered as directed above. Joint exhibits shall
be listed on a separate index, and shall be admitted into
evidence on the motion of any party, without further
(b) As to exhibits that are not jointly offered, and to which
there is no objection to introduction, those exhibits will
likewise be appropriately marked, e.g., Plaintiffs'
Exhibit 1 or Defendants' Exhibit A, and shall be listed
in the offering party's index in a column entitled
“Admitted In Evidence.” Such exhibits will ...