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Morris Young v. City of Rochester and Supervisor Terry Mcentee

December 21, 2011

MORRIS YOUNG, PLAINTIFF,
v.
CITY OF ROCHESTER AND SUPERVISOR TERRY MCENTEE, DEFENDANTS.



The opinion of the court was delivered by: Charles J. Siragusa United States District Judge

PRE-TRIAL ORDER

A. SCHEDULE

1. The trial of the above-captioned case will begin on April 16, 2012*fn1 at 9:00 a.m. This is a day-certain trial date which will not be adjourned except for the trial of criminal cases which take precedence pursuant to 18 U.S.C. § 3161.

2. Unless otherwise indicated, each side must provide the materials referenced in Parts B and C of this Order by April 2, 2012, at 5:00 p.m. to the Court and opposing counsel. Materials must be provided to the Court in both hard copy and by electronic means in W ordperfect compatible format (by computer disk or by e-mail to kelly_pruden@nywd.uscourts.gov).

3. Unless otherwise indicated, the daily court session will proceed as follows: Monday 9:00 a.m. - 12:30 p.m.(morning session); 12:30 p.m. - 1:30 p.m. (lunch); 1:30 p.m. - 4:00 p.m. (afternoon session); recess at 4:00 p.m. Tuesday, Wednesday, Thursday and Friday 9:00 a.m. - 1:00 p.m.; recess at 1:00 p.m.

4. Once a jury has been selected, time permitting, we will proceed directly with opening statements and the presentation of evidence.

5. The parties are responsible for having witnesses available as needed. The Court will take witnesses out of turn to accommodate witnesses.

6. Before the close of each day's session, counsel must advise the Court and the opposing lawyer of those witnesses expected to be called the following day.

7. It is expected that we will maximize jury time as much as possible. In this regard, counsel should be prepared to begin proof each day at the time the jury is scheduled to report. It is the burden of counsel to anticipate problems and notify the Court, so that time can be set aside when the jury is not present to resolve any issues.

B. JURY SELECTION: PROCEDURE and MATERIAL

1. Method

a. Concerning jury selection, the parties should be familiar with Local Rule 47.1. The Court will use the "struck jury system" as described in Local Rule 47.1, there will be no "alternate" jurors and all jurors selected will participate in the verdict.

b. The Court will limit peremptory challenges as provided in Local Rule 47.1; 28 U.S.C. §1870.

c. Plaintiff's counsel will exercise peremptory challenges first by writing the name and number of the juror on the strike sheet that will be provided. The strike sheet will then go to the defendant who will make his or her own strike by writing the name and number of a juror. The strike sheet will then come to the Court who will announce the jurors that have been excused.

d. If you do not exercise a challenge during a particular round, you lose only that peremptory challenge and you may make other peremptory challenges in ...


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