1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROGER DRIVER, Case No. 2:17-cv-01968 CSK 12 Plaintiff,

AMENDED PRETRIAL SCHEDULING

13 v. ORDER 14 PAPÉ KENWORTH, et al., FPTC: Feb. 10, 2025 at 10:00 a.m. 15 Defendants. TRIAL: Mar. 3, 2025 at 9:30 a.m. 16 17 The Court issues the following Amended Pretrial Scheduling Order, which 18 supersedes and replaces the May 24, 2024 Pretrial Scheduling Order (ECF No. 102).1 19 This order sets deadlines and other requirements for trial-related deadlines, including 20 trial briefs, and proposed voir dire, jury instructions, and verdict forms. 21 I. FINAL PRETRIAL CONFERENCE AND TRIAL 22 The final pretrial conference remains set for February 10, 2025 at 10:00 a.m. and 23 jury trial remains set for March 3, 2025 at 9:30 a.m. in Courtroom No. 25 before United 24 States Magistrate Judge Chi Soo Kim. Trial counsel must appear at the final pretrial 25 conference. At the final pretrial conference, the Court will set other trial-related 26 deadlines, including the submission of exhibits. 27 1 This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636(c) on the 28 consent of all parties. (ECF No. 101.) 1 A. Joint Pretrial Statement 2 The parties shall file a joint pretrial statement pursuant to Local Rule 281(a)(2). 3 The joint pretrial statement must be filed no later than twenty-one (21) days before the 4 date set for the final pretrial conference and must also be emailed as a Word document 5 to CSKorders@caed.uscourts.gov. Separate pretrial statements are not permitted 6 unless a party is not represented by counsel. 7 The pretrial statement must cover all topics identified in Local Rule 281 with the 8 following additions and clarifications: 9 1. Statement of the Case: A concise statement of the case must be included. 10 2. Trial Length Estimate: An estimate of the length of trial must also be included. 11 Unless otherwise ordered, trial hours will be from 9:30 a.m. to 4:30 p.m., Monday 12 through Friday. 13 3. Procedural Status: A concise summary of the procedural status of the case must 14 be included, including the disposition of any motions and whether any motions are 15 still pending. 16 4. Factual Issues: The undisputed facts and disputed factual issues shall be set 17 forth in separate sections of the pretrial statement. Each fact or factual issue 18 should be numbered. For disputed factual issues, identify the cause of action or 19 defense to which the factual issue is related. 20 5. Points of Law: In the points of law section of the pretrial statement, include the 21 elements for each cause of action and each defense, with citation to the relevant 22 legal authority. 23 6. Motions In Limine: The parties shall also identify the motions in limine each party 24 reasonably anticipates filing. 25 7. Witnesses: Each party’s witness list must be submitted as a separate attachment 26 to the pretrial statement, and labeled as such. The witness list must include the 27 witness’s name; the witness’s title or position; whether the testimony is offered in- 28 person or by deposition; whether the witness is designated as an expert; and a 1 concise statement of the anticipated subjects of testimony. Pursuant to Local Rule 2 281, only individuals on the witness list submitted with the pretrial statement will 3 be permitted to testify at trial, except as may be otherwise provided in the pretrial 4 order. The witness’s address does not need to be included. 5 8. Exhibits: Each party’s exhibit list must be submitted as a separate attachment to 6 the pretrial statement, and labeled as such. Plaintiff’s exhibits shall be listed 7 numerically; Defendant’s exhibits shall be listed alphabetically. All exhibits must 8 be individually identified with specificity, including a reasonable amount of detail 9 such that other parties can identify each exhibit, including exhibit name/title, 10 document/file date, bates numbers, and a concise description of the exhibit. 11 Groups or categories of documents/records may not be listed as a single exhibit 12 (e.g., it is improper to list “Initial Disclosure Documents,” “Cell phone records,” etc. 13 as a single exhibit). Pursuant to Local Rule 281, only exhibits on the exhibit list 14 submitted with the pretrial statement will be permitted to be offered at trial, except 15 as may be otherwise provided in the pretrial order. The parties are instructed to 16 refer to and follow the Court’s Jury Trial Procedures available on Judge Kim’s 17 webpage on the district court’s website: 18 https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united- 19 states-magistrate-judge-chi-soo-kim-csk/. This document includes important 20 instructions and requirements for exhibit lists. 21 B. Motions In Limine 22 Motions in limine shall be filed by the close of business fourteen (14) days before 23 the date set for the final pretrial conference. Any opposition shall be filed by the close of 24 business seven (7) days before the date set for the final pretrial conference. No replies 25 shall be filed. 26 Briefing for motions in limine shall be limited to 25 pages total for each side. Each 27 motion in limine should be numbered and clearly identified. For example, “Plaintiffs’ 28 Motion in Limine No. 1 Re: [subject].” The brief shall include a table of contents at the 1 beginning that lists each motion in limine and the page number on which the motion 2 begins. 3 Briefing for oppositions/ responses to motions in limine shall also be limited to 25 4 pages total for each side. Each opposition/ response should be numbered and clearly 5 identified. For example, “Defendants’ Opposition to Plaintiffs’ Motion in Limine No. 1 Re: 6 [subject].” The brief shall also include a table of contents at the beginning that lists each 7 motion in limine opposition/ response and the page number on which the opposition/ 8 response begins. 9 The parties should be prepared to argue their motions in limine at the final pretrial 10 conference. The Court will endeavor to rule on motions in limine before trial begins to 11 assist the parties in their trial preparations. 12 C. Proposed Voir Dire, Jury Instructions, and Verdict Forms 13 The parties must file proposed voir dire questions, proposed joint jury instructions, 14 and proposed joint verdict forms by the close of business fourteen (14) days before the 15 date set for the final pretrial conference. The parties must also email these filings as 16 Word documents to CSKorders@caed.uscourts.gov. The parties should be prepared to 17 address the proposed voir dire questions, jury instructions, and verdict forms at the final 18 pretrial conference. The parties are instructed to refer to and follow the Court’s Jury 19 Trial Procedures available on Judge Kim’s webpage on the district court’s website: 20 https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- 21 magistrate-judge-chi-soo-kim-csk/. This document includes important instructions and 22 requirements for the submission of joint proposed jury instructions. 23 D. Trial Briefs 24 Parties are not required to file trial briefs. If a party chooses to file a trial brief, it 25 shall not be longer than five pages and shall be filed no later than the close of business 26 fourteen (14) days before the date set for the final pretrial conference. Trial briefs shall 27 not duplicate the contents of the joint pretrial statement and proposed order. 28 / / / 1 E. Courtesy Copies 2 Two binders containing courtesy copies of the Joint Pretrial Statement, witness 3 lists, exhibit lists, proposed voir dire questions, proposed joint jury instructions, proposed 4 joint verdict forms, motions in limine, and optional trial briefs must be delivered to the 5 Clerk’s office by noon thirteen (13) days before the date set for the final pretrial 6 conference. This is the day after the filing deadline for the proposed voir dire questions, 7 proposed jury instructions, proposed verdict forms, motions in limine, and optional trial 8 briefs. Parties do not need to provide courtesy copies of the motion in limine oppositions. 9 All courtesy copies must be double-sided, three-hole punched at the left margin, 10 and marked with the ECF stamp (case number, document number, date, and page 11 number) on the top of each page. These binders shall include labeled side tabs, and be 12 clearly marked “Chambers Copy – Do Not File” with Judge Kim’s name, the case 13 number, and the case name. 14 F. Trial 15 A jury trial is set for March 3, 2025 at 9:30 a.m., in Courtroom No. 25. Before the 16 entry of the May 24, 2024 Pretrial Scheduling Order, the parties’ trial length estimate was 17 two weeks. See ECF No. 102 at 3. The parties should be prepared to address trial length 18 at the final pretrial conference. 19 II. MODIFICATIONS OF THIS SCHEDULING ORDER 20 This case schedule will become final without further order of the Court unless 21 written objections are filed within fourteen (14) days of the entry of this order. The parties 22 are reminded that pursuant to Federal Rule of Civil Procedure 16(b)(4), this order shall 23 not be modified except by leave of Court upon a showing of “good cause.” See Johnson 24 v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). Agreement by the parties 25 pursuant to a stipulation does not constitute good cause. Nor does the unavailability of 26 witnesses or counsel, except in extraordinary circumstances, constitute good cause. 27 Any request or stipulation to modify this scheduling order must set forth the 28 following: 1 (1) the existing date; 2 (2) whether there have been prior requests for extensions, and whether these were 3 granted or denied by the Court; and 4 (3) specific, concrete reasons supporting good cause for granting the extension. For 5 example, if the reason for the requested extension is that it “will promote 6 settlement,” the requesting party or parties must indicate the status of negotiation 7 efforts (e.g., whether a mediator has been selected, a mediation has been 8 scheduled, etc.). 9 | SO ORDERED. 10 11 Dated: December 5, 2024 C iy S \U 12 CHI SOO KIM 43 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28