Ellsworth v. Prison Health Services Incorporated et al

Filing 190

ORDER: Plaintiff's Motion for Writ of Habeas ad testificandum 171 is GRANTED; Plaintiff's Motion to Preclude 178 is DENIED; Plaintiff's Motion to Seal Transcripts and Medical Record Exhibits of Motion to Preclude 179 is DENIED; Plaintiff's Motion for Advance of Witness Fees for Material Witnesses/Motion for Court Order for Repayment of Witness Fees 183 is DENIED; Plaintiff's Motion for District Court Directive to United States Marshal's Service for Servi ce of Subpoenas 184 is DENIED; Plaintiffs Motion to Change Trial to Phoenix, Arizona (Doc. 185) is GRANTED. The trial of this matter shall commence on the 29th day of April, 2014, at 9:00 a.m. in Courtroom 505, Sandra Day O'Connor United S tates Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. Plaintiff pro se and defense counsel shall appear at 8:30 a.m.; and The parties shall not file any additional motions in limine as the time to do so has passed in accordance with this court's January 13, 2014 order. Signed by Judge John A Jarvey on 4/16/2014. (ALS)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 James Ellsworth, Plaintiff, 10 11 12 No. CV-11-08070-PCT-RCB ORDER v. Prison Health Services Incorporated, et al., 13 Defendants. 14 15 The jury trial in this case is scheduled for April 29, 2014, with the location 16 (Prescott or Phoenix) yet to be determined. Doc. 169. At the January 13, 2014, status 17 conference the court ordered, among other things, that any additional motions in limine 1 18 were to be filed by no later than February 28, 2014. Doc. 167. The defendants timely 19 filed two motions in limine. The plaintiff filed six motions which, with one exception, 20 are untimely. 21 I. Plaintiff’s Motions 22 23 24 25 26 On February 28, 2014, the plaintiff did timely file his motion for a writ of habeas corpus ad testificandum (Doc. 171). The court grants that motion and in due course will order the issuance of such a writ to secure the plaintiff’s appearance at trial. Nearly two weeks later, on March 13, 2014, the plaintiff filed two other motions: (1) to preclude the introduction of evidence describing the nature of his felony conviction 27 1 28 The court assumes familiarity with its prior order addressing a host of pre-trial motions by the plaintiff, including a motion in limine pertaining to his criminal history. See Ellsworth v. Prison Health Services, Inc., 2013 WL 6587876 (D.Ariz. Dec. 12, 2013); Doc. 164 (same). 1 (Doc. 178); and (2) to seal trial transcripts in the underlying criminal matter and to seal 2 portions of his medical records (Doc. 179). The court denies these motions as untimely. 3 On April 3, 2014, more than a month after the passage of the deadline for filing 4 motions in limine, the plaintiff filed the following three motions: (1) “Request for 5 Advance of Witness Fees For Material Witnesses/Motion for Court Order for Repayment 6 of Witness Fees (Doc. 183); “Motion for District Court Directive To United States 7 Marshal’s Service for Service Of Subpoenas” (Doc. 184); and (3) “Motion To Change 8 Trial to Phoenix, Arizona” (Doc. 185). 9 untimely (Docs. 183 and 184). The court denies the first two listed motions as 10 As to the third motion, the defendants having advised the court that they have no 11 opposition thereto (Doc. 167), the court grants the plaintiff’s motion to have trial 12 conducted in Phoenix, Arizona (Doc. 185) 13 II. Defendants’ Motions in Limine 14 In due course, the court will issue a separate order resolving the defendants’ 15 pending motions in limine: (1) to preclude the plaintiff from calling certain witnesses 16 (Docs. 172); and (2) to preclude the plaintiff from providing expert opinion testimony 17 (Doc. 173). 18 As set forth above, the court HEREBY ORDERS that: 19 (1) Plaintiff’s Motion for Writ of Habeas ad testificandum (Doc. 171) is 20 GRANTED; 21 (2) Plaintiff’s Motion to Preclude (Doc. 178) is DENIED; 22 (3) Plaintiff’s Motion to Seal Transcripts and Medical Record Exhibits of Motion 23 to Preclude (Doc. 179) is DENIED; 24 (4) 25 Witnesses/Motion for Court Order for Repayment of Witness Fees (Doc. 183) is 26 DENIED; 27 (5) Plaintiff’s Motion for District Court Directive to United States Marshal’s 28 Service for Service of Subpoenas (Doc. 184) is DENIED; and Plaintiff’s Motion for Advance -2- of Witness Fees for Material 1 (6) 2 GRANTED. The trial of this matter shall commence on the 29th day of April, 3 2014, at 9:00 a.m. in Courtroom 505, Sandra Day O’Connor United States Courthouse, 4 401 West Washington Street, Phoenix, Arizona 85003. Plaintiff pro se and defense 5 counsel shall appear at 8:30 a.m.; and 6 7 8 Plaintiff’s Motion to Change Trial to Phoenix, Arizona (Doc. 185) is (7) The parties shall not file any additional motions in limine as the time to do so has passed in accordance with this court’s January 13, 2014 order. DATED this 16th day of April, 2014. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-

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