Chaffin v. Eichert et al

Filing 143

ORDER, pursuant to a medical emergency involving a juror on 12/13/10 when this matter proceeded to trial, plaintiff moved for a mistrial & defendants agreed it was appropriate. Therefore, the Court ordered a mistrial. A new trial date will be scheduled by separate order. All evidentiary rulings made by the court before & on the day of trial will continue in effect when the new trial date is set. Signed by Chief Judge J. Leon Holmes on 12/14/2010. (jct)

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Chaffin v. Eichert et al Doc. 143 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION CRISTINA RENEE CHAFFIN v. No. 3:09CV00002 JLH DEFENDANTS PLAINTIFF STEPHEN J. EICHERT, D.O.; THE MEDICAL ASSURANCE COMPANY, INC.; and JOHN DOE ORDE R On December 13, 2010, this matter came before the Court for trial by jury. All parties appeared and announced ready for trial. A jury of twelve was duly selected and sworn. During opening statement, a juror became ill and needed immediate medical attention, which was provided by Stephen Eichert in the presence of the remaining jurors. After the medical emergency was resolved, the plaintiff moved for a mistrial. The defendants agreed that a mistrial was appropriate. Therefore, the Court ordered a mistrial. A new trial date will be scheduled by separate order. All evidentiary rulings made by the Court before and on the day of trial will continue in effect when the new trial date is set. The hearings that were held on evidentiary issues will constitute the record on those motions with respect to the new trial date. It will not be necessary for any party to renew that party's objections and arguments in order to preserve those objections and arguments for appeal. IT IS SO ORDERED this 14th day of December, 2010. J. LEON HOLMES UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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