1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BALJIT SINGH, No. 2:19-cv-02048 CSK P 12 Plaintiff, 13 v. SECOND AMENDED FURTHER PRETRIAL SCHEDULING ORDER 14 NICOLAS AGUILERA,
15 Defendant. FPTC: Sept. 8, 2025 at 2:00 p.m. TRIAL: Oct. 6, 2025 at 9:30 a.m. 16
17 18 Plaintiff Baljit Singh is a state prisoner, proceeding through counsel with a civil rights 19 action pursuant to 42 U.S.C. § 1983 against defendant Dr. Nicolas Aguilera, the sole remaining 20 defendant.1 This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636(c) on the 21 consent of all parties. (ECF No. 36.) 22 After reaching an agreement to resolve this action in principle, the parties were not able to 23 finalize a settlement agreement. (ECF Nos. 140, 142, 143.) The Court therefore issues the 24 following Second Amended Further Pretrial Scheduling Order, which supersedes the December 6, 25 2024 Amended Further Pretrial Scheduling Order (ECF No. 129) as to any trial-related deadlines 26
27 1 Defendants Michael Ullery and W. Vaughn were dismissed after the Court granted both defendants summary judgment. (See ECF No. 95.) 28 1 and requirements. This order sets deadlines and other requirements for trial-related documents, 2 including trial briefs and proposed voir dire, jury instructions, and verdict forms. 3 I. FINAL PRETRIAL CONFERENCE & TRIAL 4 A. Final Pretrial Conference 5 The final pretrial conference (“FPTC”) is set for September 8, 2025 at 2:00 p.m. in 6 Courtroom No. 25 before Judge Kim. (See ECF No. 120.) Trial counsel must appear at the final 7 pretrial conference. At the final pretrial conference, the Court will set the deadlines for other 8 trial-related deadlines, including the submission of exhibits. 9 B. Joint Pretrial Statement 10 The parties shall file a joint pretrial statement pursuant to Local Rule 281(a)(2). The joint 11 pretrial statement must be filed no later than the close of business twenty-one (21) days before 12 the date set for the final pretrial conference and must also be emailed as a Word document to 13 CSKorders@caed.uscourts.gov. Separate pretrial statements are not permitted unless a 14 party is not represented by counsel. 15 The pretrial statement must cover all topics identified in Local Rule 281 with the 16 following additions and clarifications: 17 1. Statement of the Case: A concise, joint statement of the case must be included. 18 2. Trial Length Estimate: The parties currently estimate trial to be eight (8) days. 19 (ECF No. 120.) If the parties have a revised trial length estimate, it shall be 20 provided in the joint pretrial statement. Unless otherwise ordered, trial hours will 21 be from 9:30 a.m. to 4:30 p.m., Monday through Friday. 22 3. Procedural Status: A concise summary of the procedural status of the case must be 23 included, including the disposition of any motions and whether any motions are 24 still pending. 25 4. Factual Issues: The undisputed facts and disputed factual issues shall be set forth 26 in separate sections of the pretrial statement. Each fact or factual issue should be 27 numbered. For disputed factual issues, identify the cause of action or defense to 28 which the factual issue is related. 1 5. Points of Law: In the points of law section of the pretrial statement, include the 2 elements for each cause of action and each defense, with citation to the relevant 3 legal authority. 4 6. Restraints: The parties shall also identify their position and recommendation as to 5 whether any restraints or any other measures related to Plaintiff’s inmate status are 6 needed for trial. A hearing to make an individualized determination regarding the 7 need for plaintiff to be shackled before the jury will be held on the first day of 8 trial. See Claiborne v. Blauser, 934 F.3d 885 (9th Cir. 2019). 9 7. Motions In Limine: The parties shall also identify the motions in limine each 10 party reasonably anticipates filing. 11 8. Witnesses: Each party’s witness list must be submitted as a separate attachment to 12 the pretrial statement, and labeled as such. The witness list must include the 13 witness’s name; the witness’s title or position; whether the witness is in custody, 14 and if so, identify the institution of custody; whether the testimony is offered in- 15 person or by deposition; whether the witness is designated as an expert; and a 16 concise statement of the anticipated subjects of testimony. Pursuant to Local Rule 17 281, only individuals on the witness list submitted with the pretrial statement will 18 be permitted to testify at trial, except as may be otherwise provided in the pretrial 19 order. The witness’s address does not need to be included. 20 9. Exhibits: Each party’s exhibit list must be submitted as a separate attachment to 21 the pretrial statement, and labeled as such. Plaintiff’s exhibits shall be listed 22 numerically; Defendant’s exhibits shall be listed alphabetically. All exhibits must 23 be individually identified with specificity, including a reasonable amount of 24 detail such that other parties can identify each exhibit, including exhibit name/title, 25 document/file date, bates numbers, and a concise description of the exhibit. 26 Groups or categories of documents/records may not be listed as a single 27 exhibit (e.g., it is improper to list “Initial Disclosure Documents,” “Cell phone 28 records,” etc. as a single exhibit). Pursuant to Local Rule 281, only exhibits on the 1 exhibit list submitted with the pretrial statement will be permitted to be offered at 2 trial, except as may be otherwise provided in the pretrial order. The parties are 3 instructed to refer to and follow the Court’s Jury Trial Procedures available on 4 Judge Kim’s webpage on the district court’s website: 5 https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- 6 magistrate-judge-chi-soo-kim-csk/. This document includes important instructions 7 and requirements for exhibit lists. 8 C. Motions In Limine 9 Motions in limine shall be filed by the close of business fourteen (14) days before the date 10 set for the final pretrial conference. Any opposition shall be by the close of business filed seven 11 (7) days before the date set for the final pretrial conference. No replies shall be filed. 12 Briefing for motions in limine shall be limited to 25 pages total for each side. Each 13 motion in limine should be numbered and clearly identified. For example, “Plaintiffs’ Motion in 14 Limine No. 1 Re: [subject].” The brief shall include a table of contents at the beginning that lists 15 each motion in limine and the page number on which the motion begins. 16 Briefing for oppositions/responses to motions in limine shall also be limited to 25 pages 17 total for each side. Each opposition/response should be numbered and clearly identified. For 18 example, “Defendants’ Opposition to Plaintiffs’ Motion in Limine No. 1 Re: [subject].” The brief 19 shall also include a table of contents at the beginning that lists each motion in limine 20 opposition/response and the page number on which the opposition/response begins. 21 The parties should be prepared to argue their motions in limine at the final pretrial 22 conference. The Court will endeavor to rule on motions in limine before trial begins to assist the 23 parties in their trial preparations. 24 D. Proposed Voir Dire, Jury Instructions, and Verdict Forms 25 The parties must file proposed voir dire questions, proposed joint jury instructions, and 26 proposed joint verdict forms by the close of business fourteen (14) days before the date set for the 27 final pretrial conference.
Free access — add to your briefcase to read the full text and ask questions with AI
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BALJIT SINGH, No. 2:19-cv-02048 CSK P 12 Plaintiff, 13 v. SECOND AMENDED FURTHER PRETRIAL SCHEDULING ORDER 14 NICOLAS AGUILERA,
15 Defendant. FPTC: Sept. 8, 2025 at 2:00 p.m. TRIAL: Oct. 6, 2025 at 9:30 a.m. 16
17 18 Plaintiff Baljit Singh is a state prisoner, proceeding through counsel with a civil rights 19 action pursuant to 42 U.S.C. § 1983 against defendant Dr. Nicolas Aguilera, the sole remaining 20 defendant.1 This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636(c) on the 21 consent of all parties. (ECF No. 36.) 22 After reaching an agreement to resolve this action in principle, the parties were not able to 23 finalize a settlement agreement. (ECF Nos. 140, 142, 143.) The Court therefore issues the 24 following Second Amended Further Pretrial Scheduling Order, which supersedes the December 6, 25 2024 Amended Further Pretrial Scheduling Order (ECF No. 129) as to any trial-related deadlines 26
27 1 Defendants Michael Ullery and W. Vaughn were dismissed after the Court granted both defendants summary judgment. (See ECF No. 95.) 28 1 and requirements. This order sets deadlines and other requirements for trial-related documents, 2 including trial briefs and proposed voir dire, jury instructions, and verdict forms. 3 I. FINAL PRETRIAL CONFERENCE & TRIAL 4 A. Final Pretrial Conference 5 The final pretrial conference (“FPTC”) is set for September 8, 2025 at 2:00 p.m. in 6 Courtroom No. 25 before Judge Kim. (See ECF No. 120.) Trial counsel must appear at the final 7 pretrial conference. At the final pretrial conference, the Court will set the deadlines for other 8 trial-related deadlines, including the submission of exhibits. 9 B. Joint Pretrial Statement 10 The parties shall file a joint pretrial statement pursuant to Local Rule 281(a)(2). The joint 11 pretrial statement must be filed no later than the close of business twenty-one (21) days before 12 the date set for the final pretrial conference and must also be emailed as a Word document to 13 CSKorders@caed.uscourts.gov. Separate pretrial statements are not permitted unless a 14 party is not represented by counsel. 15 The pretrial statement must cover all topics identified in Local Rule 281 with the 16 following additions and clarifications: 17 1. Statement of the Case: A concise, joint statement of the case must be included. 18 2. Trial Length Estimate: The parties currently estimate trial to be eight (8) days. 19 (ECF No. 120.) If the parties have a revised trial length estimate, it shall be 20 provided in the joint pretrial statement. Unless otherwise ordered, trial hours will 21 be from 9:30 a.m. to 4:30 p.m., Monday through Friday. 22 3. Procedural Status: A concise summary of the procedural status of the case must be 23 included, including the disposition of any motions and whether any motions are 24 still pending. 25 4. Factual Issues: The undisputed facts and disputed factual issues shall be set forth 26 in separate sections of the pretrial statement. Each fact or factual issue should be 27 numbered. For disputed factual issues, identify the cause of action or defense to 28 which the factual issue is related. 1 5. Points of Law: In the points of law section of the pretrial statement, include the 2 elements for each cause of action and each defense, with citation to the relevant 3 legal authority. 4 6. Restraints: The parties shall also identify their position and recommendation as to 5 whether any restraints or any other measures related to Plaintiff’s inmate status are 6 needed for trial. A hearing to make an individualized determination regarding the 7 need for plaintiff to be shackled before the jury will be held on the first day of 8 trial. See Claiborne v. Blauser, 934 F.3d 885 (9th Cir. 2019). 9 7. Motions In Limine: The parties shall also identify the motions in limine each 10 party reasonably anticipates filing. 11 8. Witnesses: Each party’s witness list must be submitted as a separate attachment to 12 the pretrial statement, and labeled as such. The witness list must include the 13 witness’s name; the witness’s title or position; whether the witness is in custody, 14 and if so, identify the institution of custody; whether the testimony is offered in- 15 person or by deposition; whether the witness is designated as an expert; and a 16 concise statement of the anticipated subjects of testimony. Pursuant to Local Rule 17 281, only individuals on the witness list submitted with the pretrial statement will 18 be permitted to testify at trial, except as may be otherwise provided in the pretrial 19 order. The witness’s address does not need to be included. 20 9. Exhibits: Each party’s exhibit list must be submitted as a separate attachment to 21 the pretrial statement, and labeled as such. Plaintiff’s exhibits shall be listed 22 numerically; Defendant’s exhibits shall be listed alphabetically. All exhibits must 23 be individually identified with specificity, including a reasonable amount of 24 detail such that other parties can identify each exhibit, including exhibit name/title, 25 document/file date, bates numbers, and a concise description of the exhibit. 26 Groups or categories of documents/records may not be listed as a single 27 exhibit (e.g., it is improper to list “Initial Disclosure Documents,” “Cell phone 28 records,” etc. as a single exhibit). Pursuant to Local Rule 281, only exhibits on the 1 exhibit list submitted with the pretrial statement will be permitted to be offered at 2 trial, except as may be otherwise provided in the pretrial order. The parties are 3 instructed to refer to and follow the Court’s Jury Trial Procedures available on 4 Judge Kim’s webpage on the district court’s website: 5 https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states- 6 magistrate-judge-chi-soo-kim-csk/. This document includes important instructions 7 and requirements for exhibit lists. 8 C. Motions In Limine 9 Motions in limine shall be filed by the close of business fourteen (14) days before the date 10 set for the final pretrial conference. Any opposition shall be by the close of business filed seven 11 (7) days before the date set for the final pretrial conference. No replies shall be filed. 12 Briefing for motions in limine shall be limited to 25 pages total for each side. Each 13 motion in limine should be numbered and clearly identified. For example, “Plaintiffs’ Motion in 14 Limine No. 1 Re: [subject].” The brief shall include a table of contents at the beginning that lists 15 each motion in limine and the page number on which the motion begins. 16 Briefing for oppositions/responses to motions in limine shall also be limited to 25 pages 17 total for each side. Each opposition/response should be numbered and clearly identified. For 18 example, “Defendants’ Opposition to Plaintiffs’ Motion in Limine No. 1 Re: [subject].” The brief 19 shall also include a table of contents at the beginning that lists each motion in limine 20 opposition/response and the page number on which the opposition/response begins. 21 The parties should be prepared to argue their motions in limine at the final pretrial 22 conference. The Court will endeavor to rule on motions in limine before trial begins to assist the 23 parties in their trial preparations. 24 D. Proposed Voir Dire, Jury Instructions, and Verdict Forms 25 The parties must file proposed voir dire questions, proposed joint jury instructions, and 26 proposed joint verdict forms by the close of business fourteen (14) days before the date set for the 27 final pretrial conference. The parties must also email these filings as Word documents to 28 CSKorders@caed.uscourts.gov. The parties should be prepared to address the proposed voir dire 1 questions, jury instructions, and verdict forms at the final pretrial conference. The parties are 2 instructed to refer to and follow the Court’s Jury Trial Procedures available on Judge Kim’s 3 webpage on the district court’s website: 4 https://www.caed.uscourts.gov/caednew/index.cfm/judges/all-judges/united-states-magistrate- 5 judge-chi-soo-kim-csk/. This document includes important instructions and requirements for the 6 submission of joint proposed jury instructions. 7 E. Trial Briefs 8 Parties are not required to file trial briefs. If a party chooses to file a trial brief, it shall not 9 be longer than five pages and shall be filed no later than the close of business fourteen (14) days 10 before the date set for the final pretrial conference. Trial briefs shall not duplicate the contents of 11 the joint pretrial statement and proposed order. 12 F. Courtesy Copies 13 Two binders containing courtesy copies of the Joint Pretrial Statement, witness lists, 14 exhibit lists, proposed voir dire questions, proposed joint jury instructions, proposed joint verdict 15 forms, motions in limine, and optional trial briefs must be delivered to the Clerk’s office by noon 16 thirteen (13) days before the date set for the final pretrial conference. This is the day after the 17 filing deadline for the proposed voir dire questions, proposed jury instructions, proposed verdict 18 forms, motions in limine, and optional trial briefs. Parties do not need to provide courtesy copies 19 of the motion in limine oppositions. 20 All courtesy copies must be double-sided, three-hole punched at the left margin, and 21 marked with the ECF stamp (case number, document number, date, and page number) on the top 22 of each page. These binders shall include labeled side tabs, and be clearly marked “Chambers 23 Copy – Do Not File” with Judge Kim’s name, the case number, and the case name. 24 G. Trial 25 A jury trial is set for October 6, 2025 at 9:30 a.m. in Courtroom No. 25. (See ECF No. 26 120.) The parties estimate eight (8) days for trial. (Id.) 27 /// 28 /// 1 IV. TRIAL-RELATED DEADLINES SUMMARY 2 A summary of the trial-related deadlines is provided below.
3 Event Deadline 4 Joint Pretrial Statement with Witness and 21 days before the FPTC 5 Exhibit Lists Filed By Proposed Voir Dire Questions, Proposed 14 days before the FPTC 6 Joint Jury Instructions, and Proposed 7 Joint Verdict Forms Filed By Optional Trial Brief Filed By 14 days before the FPTC 8 Motions In Limine Filed By 14 days before the FPTC 9 Courtesy Copies Submitted By 13 days before the FPTC 10 Motions In Limine Oppositions Filed By 7 days before the FPTC 11 Final Pretrial Conference and Motions In September 8, 2025 at 2:00 p.m. Limine Hearing 12 Jury Trial (8 days) October 6, 2025 at 9:30 a.m. 13
14 V. MODIFICATIONS OF THIS SCHEDULING ORDER This case schedule will become final without further order of the Court unless written 15 objections are filed within fourteen (14) days of the entry of this order. The parties are reminded 16 that pursuant to Federal Rule of Civil Procedure 16(b)(4), this order shall not be modified except 17 by leave of Court upon a showing of “good cause.” See Johnson v. Mammoth Recreations, Inc., 18 975 F.2d 604 (9th Cir. 1992). Agreement by the parties pursuant to a stipulation does not 19 constitute good cause. Nor does the unavailability of witnesses or counsel, except in extraordinary 20 circumstances, constitute good cause. Requests or stipulations to continue dispositive motion 21 deadlines, the final pretrial conference, or trial dates must establish good cause and are not 22 granted lightly. 23 Any request or stipulation to modify this scheduling order must set forth the following: 24 1. the existing due date or hearing date as well as the discovery cutoff date, the last date for 25 hearing motions, the final pretrial conference date, and the trial date; 26 2. whether there have been prior requests for extensions, and whether these were granted or 27 denied by the Court; and 28 1 3. specific, concrete reasons supporting good cause for granting the extension. For example, 2 if the reason for the requested extension is that it “will promote settlement,” the requesting 3 party or parties must indicate the status of negotiation efforts (e.g., whether a mediator has 4 been selected, a mediation has been scheduled, etc.). > | ITIS SO ORDERED. 6 7 Dated: May 12, 2025 YY 2 Chan Spo \LA_ CHI SOO KIM 9 UNITED STATES MAGISTRATE JUDGE 10 Singh2048 .2sch/2 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28