United States District Court, W.D. Wisconsin
FINAL PRETRIAL CONFERENCE ORDER
D. PETERSON District Judge
court held a final pretrial conference on Wednesday, July 19,
2017, before United States District Judge James D. Peterson.
Plaintiff Jose Soto appeared by counsel, Gabriel Galloway.
Defendants Kelly Rickey, Matthew Grant, Rick Donovan, William
Gee, Jason Krocker, and William LeFevre appeared by counsel,
Ann Peacock and Gesina Carson.
predicted that the case would take two to three days to try.
The court will tell the jury four. The jury will consist of
eight jurors to be selected from a qualified panel of 14.
Each side will exercise three peremptory challenges against
the panel. Trial days will begin at 9:00 a.m. and will run
until 5:30 p.m., with at least an hour for lunch, two short
breaks in the morning, and two short breaks in the afternoon.
Counsel may be required to be in court earlier than 9:00 a.m.
to address matters without the presence of the jury. On the
first day of trial, counsel are directed to appear at 8:30
parties stipulated, and the court admitted, all exhibits with
the exception of defendants' Exhibit No. 517, the conduct
report hearing records, on which the court reserved ruling.
On the first day of trial, plaintiff's counsel will be
prepared to indicate which pages of Exhibit No. 517 he wishes
to admit and why they are admissible. The parties will use
defendants' exhibit binder, which contains all of the
exhibits Soto intends to admit. All the admitted exhibits may
be used at trial with witnesses or in argument without a
further formal motion. Only those exhibits that are used with
witnesses or discussed in closing argument will be sent to
the jury during deliberations. As for Soto's Exhibits
Nos. 1, 4, 5, and 6, the parties agreed that these exhibits
may only be used for impeachment purposes.
otherwise agreed by the parties, counsel must disclose any
exhibits to be used in opening statements not later than 6:00
p.m. on Friday, July 22, 2017, and identify the witnesses
they anticipate calling not later than 6:00 p.m. on the
business day before that witness is expected to testify.
should keep in mind that opening statements are an overview
of the evidence. Arguments are to be reserved for the end of
indicated that they will be familiar with the court's
visual presentation system before trial begins. Counsel
should use the microphones at all times and address all
objections to the bench, not to opposing counsel. If counsel
need to consult with one another, they should ask for
permission to do so. Only the lawyer questioning a particular
witness may raise objections to questions put to the witness
by the opposing party and argue the objection at any bench
counsel call the opposing party's witness as an adverse
witness, counsel for the opposing party may choose whether to
ask only clarifying questions of the witness and call the
witness in their own case or do all their questioning during
their opponent's case, in which case the party calling
the witness will have an opportunity to respond with
questioning. If counsel choose the first option, they are
free to call the witness during their case. Counsel have the
same two options as to any adverse witness; they are not
bound by their decision on questioning any previous witness.
Counsel for the witness should inform the court which
approach they will be taking before beginning the
DIRE AND JURY INSTRUCTIONS
court and the parties discussed the draft voir dire and
introductory instructions as distributed. The court made
several changes to the voir dire and introductory
instructions based on the parties' requests, to which no
objections were made. Final versions of the voir dire and
introductory instructions are attached to this order.
objected to the second question on the verdict form, which
asks the jury to assess the total amount of compensatory
damages, rather than assessing damages separately against
each defendant; the court overruled the objection. Final
decisions on the post-trial instructions and verdict form
will be made at the instruction conference near the end of
court granted defendants' motion to exclude any mention
of lawsuits, complaints, or newspaper articles relating to or
referring to the Wisconsin Department of Corrections or
defendants. As for defendants' motion to preclude Soto
from testifying about the causation, permanence, future care
and treatment, or future pain and suffering of any physical
injury, the court granted the motion only in part. The court
will allow Soto to testify about the physical injuries and
current pain that he attributes to the incident at issue
based on counsel's representation ...