Billups v. Lomeli

Filing 116

ORDER After July 27, 2012 Hearing (Doc. 107 ), signed by District Judge Lawrence J. O'Neill on 7/27/2012. Attorney Jance Marshall Weberman terminated. (Fahrney, E)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DERRICK LEE BILLUPS,

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CASE NO. CV F 06-1014 LJO PC

Plaintiff,

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vs.

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ORDER AFTER JULY 27, 2012 HEARING

LOMELI, Sargent,

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Defendant.
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This Court held a July 27, 2012 hearing in this action, which was initiated by plaintiff Derrick

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Lee Billups (“Mr. Billups”), a California state prisoner, against defendant Lomeli in August 2006. Mr.

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Billups is represented by counsel Jance Marshall Weberman (“Mr. Weberman”) of the Law Offices of

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Jance Marshall Weberman. At the hearing, this Court resolved several matters on the record. The

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Court’s ruling are preserved on the record. In addition, based on this Court’s rulings, this Court

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anticipates issuing an amended pretrial order, which may incorporate this Court’s ruling preserved on

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the record and set forth herein. In the interest of clarity, this Court sets forth some of this Court’s rulings

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at the July 27, 2012 hearing in this order.

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On the basis of good cause this Court ORDERS as follows:

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1.

This Court GRANTS Mr. Billups’ request and consent to a substitution of attorney. Mr.

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Weberman is substituted out of this case and shall no longer appear as counsel of record

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on behalf of Mr. Billups. Mr. Billups is substituted as representing himself and shall
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proceed in propria persona unless and until another attorney files the appropriate

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document to substitute in as counsel of record to represent Mr. Billups.

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2.

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The Court CONFIRMS the August 28, 2012 trial date in this matter. The substitution
of counsel, without more, does not constitute good cause to continue this firm trial date.

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3.

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This Court ACCEPTS Mr. Billups pre-trial statement, proposed voir dire, and proposed
jury instructions that were filed with this Court on July 16, 2012.

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4.

Mr. Billups must file, no later than August 3, 2012, a motion for an appearance of

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incarcerated witness for each incarcerated witness that he listed on page 8 of his pre-trial

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statement for all potential witnesses that he plans to call who are incarcerated. The

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Attorney General’s Office shall respond to those motions, if any, no later than August

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17, 2012.

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5.

The parties shall exchange exhibits no later than August 3, 2012. In addition, the

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parties shall file a list of exhibits with this Court no later than August 3, 2012.

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Thereafter, the Court shall issue an amended pretrial order.

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6.

The parties shall file and serve motions in limine, if any, no later than August 17, 2012.

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The parties shall prepare an opposition to those motions, if any, and shall present those

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oppositions at the motions in limine hearing. The motions in limine hearing shall be set

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for August 28, 2012 at 8:15 a.m.

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7.

The Attorney General’s Office is relieved on its obligation to meet and confer.

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8.

The defendant’s motion in limine is GRANTED. No non-expert witnesses shall be

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allowed to give expert, medical testimony.

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IT IS SO ORDERED.

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Dated:
b9ed48

July 27, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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