Forte v. Jones

Filing 51

ORDER VACATING Trial Date and Pretrial Date Pending Review and Evaluation of Issues Raised in Pretrial Statements, signed by District Judge Anthony W. Ishii on 3/26/2013. (Status Conference set for 5/28/2013 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.) (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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EUGENE FORTE

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Plaintiff,
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v.
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TOMMY JONES, an individual, and
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DOES 1-100, et al.,
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Defendants.
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____________________________________ )

1:11-cv-0718 AWI BAM
ORDER VACATING TRIAL
DATE AND PRETRIAL DATE
PENDING REVIEW AND
EVALUATION OF ISSUES
RAISED IN PRETRIAL
STATEMENTS

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The court is in receipt of the pretrial statements by the parties filed in anticipation of

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the pretrial conference currently scheduled to be held on Wednesday, March 27, 2013. An

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issue has been raised in both statements concerning what the court understands is a currently

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pending determination of Plaintiff’s mental competency to stand trial in the criminal case or

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cases now pending before the Merced County Superior Court. In their pretrial statement

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under Disputed Evidentiary Issues, Defendants state that Plaintiff’s competence to present

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evidence or stand trial is at issue. Doc. # 44 at 3:12. Plaintiff’s pretrial statement anticipates

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Defendants’ disputed evidentiary issue and Plaintiff states his opposition to any reference to

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the mental competency determination on the ground that such determination is currently

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under appeal and that, in any event, it has no relevance to the incident that gives rise to

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Plaintiff’s action.

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The court has not had the opportunity to consider the issue of mental competency in

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any depth as it may impact this case, but it is evident upon even cursory examination that this

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is an issue that is poorly suited to determination on the eve of trial by way of motions in
limine. Resolution of the issue of mental competency must be accomplished well before

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trial because the failure to do so could legitimately be claimed by either side to have

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prejudiced their right to a fair trial on the merits. Plaintiff’s pretrial statement suggests, but

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does not directly state, that the issue of Plaintiff’s mental competence has been determined by

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the trial court and is currently on appeal. See Doc. # 48 at 10:8-9. The court, however, has

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not been informed that the criminal cases currently pending in the state court have been

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resolved on that or any other basis, so the court assumes the issue is still pending.

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As the court has informed the parties by email, this order will vacate the currently

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pending dates for pretrial conference and the trial. The court will set a further status

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conference for Tuesday, May 28, 2013, at 1:30 p.m. in courtroom 2. Should the issue of

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Plaintiff’s competency be resolved at any time prior to May 28, 2013, either party may notify

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the court to advance the status conference. In any case, both parties will be ordered to file

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separate status updates not later than Friday, May 17, 2013, at 4:00 p.m.

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THEREFORE, in accord with the foregoing, it is hereby ORDERED that:
1.

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The pretrial conference currently set for Wednesday, March 27, 2013, is hereby
VACATED and no party shall appear at that time.

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2.

The dated currently set for Trial and all associated dates are hereby VACATED.

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3.

Both parties shall file and serve status reports regarding the issue of determination of

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Plaintiff’s mental competency not later than 4:00 p.m. Friday, May 17, 2013. The

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parties shall not file opposition to the other party’s status report.

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4.

Status conference is hereby set for Tuesday, May 28, 2013, at 1:30 p.m.

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Alternatively, the parties may agree to appear telephonically any day following May

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28, 2013, by mutual agreement and upon notice to the court.

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IT IS SO ORDERED.

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Dated:
0m8i78

March 26, 2013
SENIOR DISTRICT JUDGE

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