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Rice v. Morehouse

United States District Court, D. Idaho

April 11, 2018

LEE ARTHUR RICE, II, an individual, Plaintiff,
v.
DALE MOREHOUSE, JEFFREY A. HILL, MARK AMBERCROMBIE, and NICK SHAFFER, Defendants.

          PRETRIAL ORDER

          B. Lynn Winmill, Chief U.S District Court Judge

         On April 9, 2018, the Court's staff held a pretrial conference in this matter. Based on that conference, and on further consideration, the Court issues the following order:

         NOW THEREFORE IT IS HEREBY ORDERED, that

         1. Legal Issues Remaining: The only issues in this case are (1) whether the four remaining defendants used excessive force during the scum on plaintiff Rice, and, if so, (2) whether Rice suffered injury, (3) whether he is entitled to monetary damages; and (4) whether he is entitled to punitive damages.

         2. Jurors: Seven jurors will be empaneled to try the case. There are no alternates and the jury must be unanimous in its verdict.

         3. Jury Selection: Jury selection will begin on Friday April 20, 2018, at 9:30 a.m. in the Federal Courthouse in Boise, Idaho. Once the jury is selected, they will be sent home with instructions to return for the trial beginning Monday April 23, 2018, at 1:30 pm in the Federal Courthouse in Boise, Idaho.

         4. Preemptory Challenges: Plaintiff will have 3 preemptory challenges. Defendants will share a total of 3 preemptory challenges (not 3 preemptories each).

         5. Time Allotted for Attorney Voir Dire: Plaintiff shall have 20 minutes for voir dire questioning by counsel, and Defendants shall have 20 minutes total.

         6. Magistrate Taking the Verdict: Unless an objection is filed, the Court will assume that all parties agree that, if necessary, a Magistrate Judge may take the verdict in this case.

         7. Trial Day: The schedule for each trial day is set out below: Monday: 1:30 pm to 5:00 pm (with 15 min break at about 3:30 pm). Tuesday: 8:30 am to 1:00 pm - lunch from 1:00 pm to 3:30 pm - continue trial from 3:30 to 5:00 pm.

         Wednesday: 8:30 to 2:30 - two 15 min breaks at about 10:30 am and 12:30 pm)

         Thursday: Same Friday:Same

         8. Time Allocation: Because the Court must complete the evidence and closing arguments by Friday, and to ensure that each side gets a fair allocation of time during that week, the Court will estimate the trial hours and allocate them accordingly. You will use your time allocation during opening statements, direct and cross, and closing argument - time spent in voir dire does not count against your allocated time. You will also lose time for any objection you make that is not sustained. The time estimates for each day (set forth below) are slightly less than the hours might indicate because there are inevitably some minutes lost in returning to court, etc.

         Monday: 3 hours (1:30 to 5:00 pm ...


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