United States District Court, N.D. California
PRETRIAL ORDER NO. 1 RE: INITIAL PRETRIAL
GONZALEZ ROGERS, UNITED STATES DISTRICT COURT JUDGE
considered the filings to date and the arguments and other
submissions at the Pretrial Conference, held on February 16,
2018, for good cause shown the Court Orders as follows:
Trial Date and Schedule: The trial
of this matter is confirmed to proceed in Courtroom 1. Jury
Selection shall begin at beginning at 9:00 a.m. on
March 8, 2018, with juror questionnaires and
hardships. Oral voir dire shall proceed the next day with
opening statements to begin on Monday, March 12, 2018. All
trial days shall begin at 8:30 a.m. with the jury. Counsel
shall arrive in court early enough to proceed promptly at
8:00 a.m. Trial schedule will be Monday through Friday, from
8:30 a.m. to 1:30 p.m. with two fifteen minute breaks except
for March 23 and March 30, 2018, which shall be dark.
Additional Hearing Time During
Trial: 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
after the Court's standing calendars which normally begin
at 2:00 p.m.
Further Pretrial Conference: The
Court sets the next pre-trial conference for March 2,
2018, at 9:00 a.m.
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. The Court's rulings on the filed
motions shall be set forth in a separate order. Parties are
ordered to admonish witnesses of the Court's rulings.
Failure to comply with a ruling by the Court may result in
sanctions, including without limitation the striking of the
witness's entire testimony.
Procedural Stipulations: Attached
hereto as Exhibit A is an outline of stipulations. To the
extent agreed upon, the parties shall file said document by
March 1, 2018.
Witnesses: The parties are limited
to calling the witnesses submitted on the list filed for the
Pretrial Conference. Upon a showing of good cause, including
for rebuttal or impeachment purposes, additional witnesses
will only be allowed by Court order.
Exhibits and Exhibit Lists: The
parties are limited to using the Exhibits on the Exhibit
List. No witness may be shown any document or other object
until it has been marked for identification using an exhibit
number. The parties shall file updated Exhibit Lists
identifying those for which a stipulation of admissibility
exists with an “S” in the appropriate box.
jury may not be shown any exhibits until admitted into
evidence or stipulated by the parties as to admissibility
without the express permission of the Court.
Equipment: Projectors, screens, and
similar equipment must be tested in the courtroom prior to
the day when they will be used. Arrangements may be made with
the Courtroom Deputy, Frances Stone, at (510) 637-3540, as to
an appropriate time for so doing. The parties shall submit
requests and proposed forms of order specifically identifying
any equipment or supplies to the courthouse. See
Civ. L.R. 77-5 generally allows the Court to make orders or
impose requirements reasonably necessary to assure security
of the Court.
Use of Wireless Sound System:
Parties may use an encrypted digital wireless system
that includes a receiver and transmitter with XLR connector.
Jury Computer: A stripped down
computer will be available for jurors to view any electronic
copies of evidence. For additional information see:
Jurors and Peremptory Challenges:
The Court will seat a total of nine (9) jurors and no
alternates. The Court sets the number of peremptory
challenges at four (4). Batson motions must be made
in a timely fashion. ...