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Weeks v. Union Pacific Railroad Co.

United States District Court, E.D. California

May 31, 2017




         Due to 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 dates.

         Additionally, 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.

         I. Jurisdiction and Venue

         The 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).

         II. Jury Trial

         Plaintiff has requested a jury trial.

         III. Further Discovery or Motions

         The parties shall contact the Magistrate Judge for purposes of setting an additional scheduling and/or a further discovery schedule.

         IV. Settlement Negotiations

         The 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.

         V. Separate Trial Of Issues

         The 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 punitive damages.

         VI. Further Trial Preparation

         A. Final Witness List

         The 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.

         B. Trial Briefs

         The 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.

         C. Duty of Counsel to Pre-Mark Exhibits

         The 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 letters.

         1. 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.

         If the parties desire, they may have a fifth set of binders to be used for the purposes of questioning witnesses.

         2. 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 foundation.
(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 ...

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