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Trulove v. D'Amico

United States District Court, N.D. California

February 22, 2018

Jamal Rashid Trulove, Plaintiff,
v.
Maureen D'Amico, Michael Johnson, Robert McMillan, John Evans, and Carla Lee, ET AL, Defendants.

          PRETRIAL ORDER NO. 1 RE: INITIAL PRETRIAL CONFERENCE

          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 February 16, 2018, for good cause shown the Court Orders as follows:

         1. 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.

         2. 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.

         3. Further Pretrial Conference: The Court sets the next pre-trial conference for March 2, 2018, at 9:00 a.m.

         4. 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.

         5. 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.

         6. 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.

         7. 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.

         The 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.

         8. 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.

         9. Use of Wireless Sound System: Parties may use an encrypted digital wireless system that includes a receiver and transmitter with XLR connector.

         10. Jury Computer: A stripped down computer will be available for jurors to view any electronic copies of evidence. For additional information see: http://cand.uscourts.gov/jurypc.

         11. 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. ...


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