Fratus v. Peterson et al

Filing 91

ORDER signed by District Judge Roslyn O. Silver on 5/31/12. Motion to Compel 86 and Motion to Amend 87 are DENIED. Jury Trial set for 8/29/2012 at 09:00 AM at a location to be determined; Status Conference set for 7/6/2012 at 01:30 PM, Arizona time; Motions in Limine shall be filed no later than June 20, 2012; Responses shall be filed no later than June 27, 2012; The parties shall file their Joint Proposed Pretrial Order no later than June 27, 2012. (Verduzco, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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John Fratus,
Plaintiff,

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vs.

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Sergeant Peterson, et al.,
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Defendants.
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No. CV-08-01500-ROS
ORDER

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This case is ready for trial. Plaintiff has moved to reopen discovery and to amend his

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complaint. Both requests are untimely and will be denied. The Court will set the date for

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trial and the date for a status conference. At the status conference, the parties should be

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prepared to discuss the following: 1) whether Plaintiff’s witnesses should appear in-person

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or through alternative means; 2) whether the parties are willing to stipulate to this trial

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occurring in Sacramento; and 3) how Plaintiff will provide the witness fees for his witnesses.

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Accordingly,

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IT IS ORDERED the Motion to Compel (Doc. 86) and Motion to Amend (Doc. 87)

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are DENIED.

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IT IS FURTHER ORDERED a jury trial is set for August 29, 2012 at 9:00 a.m. at

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a location to be determined. Estimated length of trial is 2-3 days. A final pretrial conference

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will be conducted prior to jury selection.

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IT IS FURTHER ORDERED a status conference is set for July 6, 2012 at 1:30 p.m

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Arizona time. Defense counsel shall arrange a conference call with Plaintiff and then call

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602-322-7520 five minutes prior to the hearing.

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IT IS FURTHER ORDERED no later than June 20, 2012 the parties shall file their

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motions in limine. Responses shall be filed no later than June 27, 2012. No replies are

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allowed.

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IT IS FURTHER ORDERED no later than June 27, 2012 the parties shall file their

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Joint Proposed Pretrial Order using the form available on the Court’s website, a stipulated

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proposed statement of the case to be read to the jurors at the start of the case, a set of joint

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proposed jury instructions, proposed voir dire questions, and a joint verdict form.

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IT IS FURTHER ORDERED the joint proposed jury instructions shall consist of:

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a joint set of proposed jury instructions where the parties’ instructions agree, a separate set

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of instructions (one for each party) where the parties do not agree, and legal authority

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supporting all proposed instructions whether the parties agree or not.

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DATED this 31st day of May, 2012.

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