David Amezcua v. City of Fresno et al

Filing 44

STRICKEN PER 47 *******ORDER signed by Judge Oliver W. Wanger on 2/9/2009 re 39 MOTION IN LIMINE No. 2 re Excessive Force filed by Bryan Williams. (Lundstrom, T)

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1 B ru c e D. Praet SBN 119430 F E R G U S O N , PRAET & SHERMAN 2 A Professional Corporation 1 6 3 1 East 18th Street 3 S a n ta Ana, California 92705 (7 1 4 ) 953-5300 4 (714) 953-1143 FAX b p r a e t@ a o l. c o m 5 6 Attorneys for Defendants 7 8 9 10 11 D A V ID AMEZCUA 12 13 14 15 16 17 18 19 A P P L IC A T IO N FOR AN ORDER TO EXCLUDE EVIDENCE having been 20 b ro u g h t before this Court, the Order to Show Cause came on for hearing by the Court on 21 F e b ru a ry 27, 2009, in Courtroom 3. Plaintiff appeared by counsel Juan Falcon, and 22 D e f en d a n ts herein appeared telephonically by counsel Bruce D. Praet of Ferguson, Praet 23 & Sherman. Evidence, both written and oral, having been considered, and good cause 24 a p p e arin g therefore: 25 /// 26 /// 27 /// 28 /// 1 ) ) P l a in tif f , ) ) vs. ) ) C IT Y OF FRESNO, FRESNO POLICE ) D E P A R T M E N T , FRESNO POLICE OFFICER ) B R Y A N WILLIAMS, individually and in his ) o f f ic ia l capacity, and DOES 1 through 100, ) in c lu s iv e , ) ) D e f e n d a n ts . ) ______________________________________ ) N o . 1:07-CV-01268-OWW (SMS) O R D E R re DEFENDANTS' N O T IC E OF MOTION AND M O T IO N IN LIMINE NO. 2 re: E X C E S S I V E FORCE U N I T E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA 1 2 IT IS HEREBY ORDERED: 1. That Plaintiff cannot introduce or present any testimony concerning, 3 q u e stio n in g upon, reference to, or any other form of evidence pertaining to any allegation 4 o f excessive force, the use of force or any damages resulting therefrom. 5 2. P la in tif f , his counsel and his witnesses are not to attempt to introduce such 6 e v id e n c e , in any form, and not to suggest, comment directly or indirectly on, or refer to 7 th e evidence in any way, before the jury without first obtaining the Court's permission. 8 3. P la in tif f 's counsel is to caution, warn and instruct Plaintiff's witnesses not 9 to make any reference to such evidence and to follow the same order. 10 D a te d : February 9, 2009 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s / OLIVER W. WANGER Honorable Oliver W. Wanger U n ite d States District Court Judge 2

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