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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

TROY MAGARRELL,

Plaintiff, No. CIV S-04-2634 LKK DAD P

vs.

P. MANGIS, M.D., et al.,

Defendants. ORDER

 /

Plaintiff is a state prisoner proceeding through counsel with an action under 42

U.S.C. § 1983. This case was referred to U.S. Magistrate Judge Craig S. Kellison to conduct a

settlement conference at California State Prison-Corcoran (CSP-COR) on December 8, 2009, at

12:00 p.m. Magistrate Judge Kellison has notified the court that the case did not settle. 

Accordingly, IT IS HEREBY ORDERED that:

1. Pretrial Conference is set in this case for June 21, 2010 at 2:30 p.m. in

Courtroom 4 before the Honorable Lawrence K. Karlton. The Pretrial Conference will not

require the attendance of the plaintiff-prisoner. All counsel are cautioned that counsel appearing

for Pretrial Conference will in fact try the matter. Counsel for all parties are to be fully prepared

for trial at the time of the Pretrial Conference, with no matters remaining to be accomplished

except production of witnesses for oral testimony. Counsel are referred to Local Rules 280 and

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281 relating to the contents of and time for filing Pretrial Statements. In addition to those

subjects listed in Local Rule 281(b), the parties are to provide the court with a plain, concise

statement which identifies every non-discovery motion tendered to the court, and its resolution. 

A FAILURE TO COMPLY WITH LOCAL RULES 280 AND 281 WILL BE GROUNDS FOR

SANCTIONS.

2. The parties shall file Separate Pretrial Statements, the contents and timing of

which are set forth in Local Rule 281, except that the parties are to prepare a JOINT

STATEMENT with respect to the undisputed facts and disputed factual issues of the case. See

Local Rule 281(b)(3), (4), and (6). The parties are reminded to include in their joint statement all

disputed and undisputed special factual information as required by Local Rule 281(b)(6). The

undisputed facts and disputed factual issues are to be set forth in two separate sections. In each

section, the parties should identify first the general facts relevant to all causes of action. After

identifying the general facts, the parties should then identify those facts which are relevant to

each separate cause of action. In this regard, the parties are to number each individual fact or

factual issue. Where the parties are unable to agree as to what factual issues are properly before

the court for trial, they should nevertheless list in the section on “DISPUTED FACTUAL

ISSUES” all issues asserted by any of the parties and explain by parenthetical the controversy

concerning each issue. Each individual disputed fact or factual issue shall include the following

introductory language: “Whether or not . . . .” The parties should keep in mind that, in general,

each fact should relate or correspond to an element of the relevant cause of action. 

Notwithstanding the provisions of Local Rule 281, the Joint Statement of Undisputed Facts and

Disputed Factual Issues is to be filed with the court concurrently with the filing of plaintiff's

Pretrial Statement. If the case is tried to a jury, the undisputed facts will be read to the jury.

3. Pursuant to Local Rule 281(b)(10) and (11), the parties are required to provide

in their Pretrial Statements a list of witnesses and exhibits that they propose to proffer at trial, no

matter for what purpose. These lists shall not be contained in the Pretrial Statement itself, but

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shall be attached as separate documents to be used as addenda to the Final Pretrial Order. 

Plaintiff's exhibits shall be listed NUMERICALLY; defendants’ exhibits shall be listed

ALPHABETICALLY. In the event that the alphabet is exhausted, defendants’ exhibits shall be

marked “2A-2Z, 3A-3Z, etc.” The Pretrial Order will contain a stringent standard for the

proffering of witnesses and exhibits at trial not listed in the Pretrial Order. Counsel are cautioned

that the standard will be strictly applied. On the other hand, the listing of exhibits or witnesses

which counsel do not intend to call or use will be viewed as an abuse of the court's processes.

4. Pursuant to Local Rule 281(b)(12), a party is required to provide a list of all

answers to interrogatories and responses to requests for admission that the party expects to offer

at trial. This list should include only those documents or portions thereof which the party expects

to offer in its case-in-chief. Unless otherwise barred by a rule of evidence or order of this court,

the parties remain free to tender appropriate discovery documents during trial for such purposes

as, but not limited to, impeachment or memory refreshment.

5. Pursuant to Local Rule 281(b)(8), the parties’ Pretrial Statements shall contain

a “statement of legal theory, etc.” Each party shall commence this section by specifying as to

each claim whether federal or state law governs, and if state law, the state whose law is

applicable.

6. Counsel are reminded that, pursuant to Fed. R. Civ. P. 16, it will be their duty

at the Pretrial Conference to aid the court in (a) formulation and simplification of issues and the

elimination of frivolous claims or defenses; (b) settling of facts which should be properly

admitted; and (c) the avoidance of unnecessary proof and cumulative evidence. Counsel must

prepare their Pretrial Statements, and participate in good faith at the Pretrial Conference, with

these aims in mind. A FAILURE TO DO SO MAY RESULT IN THE IMPOSITION of

SANCTIONS which may include monetary sanctions, orders precluding proof, eliminations of

claims or defenses, or such other sanctions as the court deems appropriate.

/////

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7. This matter is set for jury trial before the Honorable Lawrence K. Karlton on

September 21, 2010 at 10:30 a.m. in Courtroom 4.

DATED: April 5, 2010.

DAD:9

maga2634.41aty

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