Meadows v. Reeves, et al.

Filing 123

ORDER GRANTING Stipulation to Amend Pretrial Deadlines, signed by Magistrate Judge Jennifer L. Thurston on 1/17/2017. (Hellings, J)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MICHANN MEADOWS, 12 Plaintiff, 13 14 v. Case No. 1:11-cv-00257 JLT (PC) ORDER GRANTING STIPULATION TO AMEND RPETRIAL DEADLINES (Doc. 122) DR. REEVES, 15 Defendant. 16 Counsel have filed a stipulation to extend the pretrial deadlines.1 (Doc. 122) The date 17 18 counsel propose for the pretrial conference would leave insufficient time for filing, opposing and 19 hearing motions in limine. Thus, though the Court will extend the deadlines, the Court must set 20 some pretrial deadlines at this time. Consequently, the Court ORDERS: 1. 21 Plaintiff’s pretrial statement, including any motions for attendance of incarcerated 22 witnesses and motions for attendance of unincarcerated witnesses who refuse to testify 23 voluntarily, SHALL be filed no later than February 24, 2017; 2. 24 Defendant’s pretrial statement and any opposition to Plaintiff’s motion for 25 26 27 28 1 The Court notes that the plaintiff indicates that she intends to file a motion to amend her complaint to name the CDCR for purposes of seeking injunctive relief. The Court makes no comment as to the likelihood of success for such a motion. However, the Court notes that despite the passage of the deadline to amend pleadings (Doc. 53 at 2), despite that the plaintiff originally sought this relief against this defendant but chose to proceed without these claims (Doc. 41) and despite the passage of nearly three weeks since this topic was first introduced by plaintiff’s counsel (Doc. 119), plaintiff has taken no action to seek to amend the pleading. 1 1 attendance of witnesses SHALL be filed no later than March 24, 2017; 2 3. If any inmate witness is discovered after February 24, 2017, Plaintiff may file a 3 supplemental motion for the attendance of incarcerated witnesses. However, any such motion 4 SHALL be filed no later than March 28, 20172, and SHALL set forth good cause for the late 5 filing. If such a motion is filed, the defendant’s objections SHALL be filed no later than April 4, 6 2017; 7 4. The pretrial conference is continued to April 3, 2017 at 1:30 p.m.; 8 5. No later than March 28, 2017, the parties SHALL exchange exhibit lists via e- 9 10 mail or fax. A copy of any exhibit not previously disclosed, SHALL be provided with the exhibit list; 11 12 4. No later than March 28, 2017, the parties SHALL exchange witness lists via e- mail or fax; 13 5. Any party may file motions in limine. The purpose of a motion in limine is to 14 establish in advance of the trial that certain evidence should not be offered at trial. “Although the 15 Federal Rules of Evidence do not explicitly authorize in limine rulings, the practice has developed 16 pursuant to the district court’s inherent authority to manage the course of trials.” Luce v. United 17 States, 469 U.S. 38, 40 n. 2 (1984); Jonasson v. Lutheran Child and Family Services, 115 F. 3d 18 436, 440 (7th Cir. 1997). The Court will grant a motion in limine, and thereby bar use of the 19 evidence in question, only if the moving party establishes that the evidence clearly is not 20 admissible for any valid purpose. Id. 21 Any motions in limine must be filed with the Court by April 7, 2017. The motion must 22 clearly identify the nature of the evidence that the moving party seeks to prohibit the other side 23 from offering at trial. Any opposition to the motion must be served on the other party, and filed 24 with the Court by April 14, 2017. No replies are authorized. The Court sets a hearing on the 25 2 26 27 28 The Court observes that if such a motion is not filed until this late date, it is possible that even if the motion is granted, there will be insufficient time to obtain the attendance of incarcerated witnesses at trial. Generally, the Court must give the custodial officer at least four weeks’ notice to ensure that a prisoner can be transported. Thus, the plaintiff is urged to file her motion for the attendance of incarcerated witnesses as soon as possible. Her failure to do so may result in the Court determining that it lacks the ability to provide the relief sought. 1 2 motions in limine on April 17, 2017, at 10:00 a.m. Appearances via Courtcall are authorized. In advance of filing any motion in limine, counsel SHALL meet and confer to determine 3 whether they can resolve any disputes and avoid filing motions in limine. Along with their 4 motions in limine, the parties SHALL file a certification demonstrating counsel have in good 5 faith met and conferred and attempted to resolve the dispute. Failure to provide the 6 certification may result in the Court refusing to entertain the motion; 7 5. The parties SHALL serve, via e-mail or fax, their joint proposed jury instructions 8 in accordance with Local Rule 163 and their joint proposed verdict form on one another no later 9 than April 14, 2017. The parties shall conduct a conference to address their proposed jury 10 11 instructions and verdict form no later than March 28, 2017. Failure to comply with this order may result in the imposition of sanctions. 12 13 14 IT IS SO ORDERED. Dated: January 17, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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