United States District Court, E.D. California
SECOND AMENDED PRETRIAL ORDER
matter was previously set for trial on May 15, 2017, but was
continued by stipulation of the parties. (Doc. No. 97) A
trial confirmation and motions in limine hearing in
the above-captioned case will be held at 2:00 p.m. on
March 5, 2018 in Courtroom 5. The trial of this
matter is now scheduled to commence at 8:30 a.m. on
March 13, 2018. On the first day of trial, counsel
shall be present in the courtroom at 8:30 a.m. to assist in
resolving any remaining issues. In preparation for the
upcoming trial, the court advises the parties of the
TRIAL BRIEFS AND STATEMENT OF THE CASE
later than 4:00 p.m. on Wednesday March 7,
2018, the parties may file trial briefs and the
government shall file a statement of the case. In their trial
briefs, the parties shall address reasonably anticipated
disputes concerning the admissibility of evidence, legal
arguments, any other information the parties believe is
relevant to the trial of the matter, with citations to legal
authority where appropriate. In lieu of a government's
statement of the case, the parties may file a joint proposed
statement to be read by the court to the jury in advance of
voir dire explaining the nature of the case to be tried.
PROPOSED JURY INSTRUCTIONS
counsel are informed that the court has prepared a set of
standard jury instructions for criminal cases. In general,
those standard instructions cover all aspects of the trial
except those relating to the charges contained in the
charging document. Accordingly, counsel need not propose
instructions concerning matters within the scope of the
court's standard instructions unless they intend to
object to one of those standard instructions. A copy of the
court's standard instructions has been provided to the
parties following the trial confirmation hearing.
all other jury instructions, the parties shall attempt to
reach agreement, and file the agreed upon jury instructions
with the court, designating them as such. Only if the
parties, after a good faith effort, cannot agree upon
specific instructions or verdict forms shall they file and
serve their respective proposed disputed instructions, again,
designating them as such. Counsel are directed that their
specific proposed jury instructions, both agreed and
disputed, shall be filed no later than 4:00 p.m. on
Wednesday, March 7, 2018. As to any jury
instructions offered, the proposing party shall also submit a
sanitized copy in Microsoft Word format via email to:
PROPOSED VOIR DIRE QUESTIONS AND VERDICT FORM
parties may file proposed voir dire questions no later than
4:00 p.m. on Wednesday, March 7, 2018. In
addition, the government shall file a proposed verdict form.
Any proposed voir dire questions and the proposed verdict
form shall also be submitted in Microsoft Word format via
email to: firstname.lastname@example.org.
MOTIONS IN LIMINE
in limine have already been filed by the parties.
(Doc. Nos. 112, 113.) Oppositions to the motions in
limine have been filed by the government. (Doc. Nos.
114, 116.) Replies have been filed by defendant. (Doc. No.
118.) Additionally, defendant has also filed a motion to
dismiss multiplicitous counts and motion for a bill of
particulars (Doc. No. 111), to which the government has filed
an opposition (Doc. No. 117) and defendant has replied (Doc.
No. 119). All of these motions will be heard at 2:00
PM on March 5, 2018 in Courtroom 5.
EXHIBIT LIST AND WITNESS LIST
government shall, and the defendant may, file an exhibit list
and a witness list (to include those reasonably anticipated
to be called as rebuttal witnesses) no later than
4:00 p.m. on Wednesday, March 7, 2018.
Exhibit lists shall also be submitted in Microsoft Word
format via email to: email@example.com.
exhibits should be pre-marked with exhibit stickers provided
by the court. The government's exhibits shall be
numbered. Should the defendant elect to introduce exhibits at
trial, such exhibits shall be designated by alphabetical
letter. The parties may obtain exhibit stickers at the
Clerk's Office, Suite 1501, located on the 1st floor of
the courthouse. The parties are also ordered to confer after
the trial confirmation hearing for the purpose of pre-marking
exhibits. All joint exhibits must be pre-marked with numbers
preceded by the designation JT/--(e.g., JT/1, JT/2).
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