Zavala v. Chrones et al

Filing 124

ORDER DISREGARDING 122 Plaintiff's Opposition to Defendant Witnesses signed by Magistrate Judge Barbara A. McAuliffe on 1/7/2013. (Jessen, A)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 KEITH ZAVALA, 8 9 10 CASE NO. 1:09-cv-01352 BAM (PC) Plaintiff, v. ORDER ADDRESSING PLAINTIFF’S OPPOSITION TO DEFENDANT WITNESSES CHRIS CHRONES, et al., (ECF No. 122) 11 Defendants. / 12 13 Plaintiff Keith Zavala (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 14 in this civil rights action pursuant to 42 U.S.C. § 1983. A telephonic trial confirmation hearing in 15 this action is set for January 8, 2013, at 10:00 a.m. before the Honorable Barbara A. McAuliffe. In 16 anticipation of the hearing, Defendants filed a pretrial statement on November 26, 2012. On 17 December 28, 2012, Plaintiff filed an opposition to certain of Defendants’ witnesses listed in their 18 pretrial statement. (ECF No. 122). In particular, Plaintiff seeks to preclude trial testimony from 19 witnesses J. Crum, S. Juarez, J. Ostrander, and J. Castro. 20 Plaintiff’s opposition is a premature motion in limine. After considering the parties’ 21 pretrial statements, the Court will issue a pretrial order establishing the deadlines to file motions 22 in limine and oppositions to the motions in limine. Plaintiff may renew his opposition to 23 Defendants’ proposed witnesses as a motion in limine after the Court sets the relevant deadlines 24 for such motions. Accordingly, Plaintiff’s opposition to Defendants’ witnesses is HEREBY 25 DISREGARDED. 26 27 IT IS SO ORDERED. Dated: 10c20k January 7, 2013 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 28 1

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