Miller v. Schmitz et al
Filing
69
***DISREGARD***ORDER Re 68 Stipulations Re: Trial Evidence, signed by District Judge Lawrence J. O'Neill on 10/10/2013. (Gaumnitz, R) Modified on 10/10/2013 (Amended Order 70 filed) (Gaumnitz, R).
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ISAAC MILLER,
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Plaintiff,
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Case No. 1:12-cv-0137 LJO SAB
ORDER RE: STIPULATIONS RE: TRIAL
EVIDENCE
v.
(Doc. 68)
HANFORD POLICE OFFICER STEVE
SCHMITZ, et al.,
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Defendants.
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/
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On October 9, 2013, the parties submitted 16 stipulations regarding trial evidence. The Court
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has reviewed the stipulations and approves all of them except for Stipulation No. 9. Under Stipulation
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No. 9, the parties propose that each be allowed five peremptory challenges during jury selection. Yet
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pursuant to 28 U.S.C. § 1870, each party is only entitled to three peremptory challenges, and the Court
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sees no good cause, nor have the parties provided authority, for departing from § 1870.1
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Accordingly, only the following stipulations are approved:
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1.
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During the initial introductory phases of the trial, as well as during jury selection and
the remainder of the trial itself, only the defense counsel actively participating in the
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While Defendant Schmitz and Defendant City of Hanford are distinct parties, the Court considers
them to be a single party for the purposes of peremptory challenges. See 28 U.S.C. § 1870 (“Several
defendants . . . may be considered as a single party for the purposes of making challenges.”)
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trial proceedings need be introduced to and identified for the jury. The defense counsel
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introduced and identified also shall be disclosed as attorneys with the firm of
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McCormick Barstow LLP.
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2.
after the parties have rested.
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Witnesses shall be excluded from the courtroom, until after they have been released, or
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Only witnesses disclosed and identified during the discovery process shall be allowed
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to testify at trial. The only exception shall be for rebuttal witnesses, so long as it is
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proven that any such witnesses are truly rebuttal witnesses who did not have to be
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disclosed and identified during discovery.
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4.
Only documents and things disclosed during the discovery process shall be allowed as
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evidence at trial. The only exception shall be for rebuttal evidence, so long as it is
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proven that any such evidence is truly rebuttal evidence that did not have to be
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disclosed during discovery.
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5.
Consistent with Federal Rule of Evidence 608, evidence of the truthfulness of a witness
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shall only be allowed after that witness has been impeached with evidence of
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untruthfulness.
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6.
No reference to or evidence of settlement negotiations shall be allowed.
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7.
Plaintiff’s counsel shall not make any inquiry, comment or argument before the jury to
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suggest the jury should calculate plaintiff’s damages according to the amount the jurors
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believed they would be personally entitled to as recompense for similar injuries.
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Court’s summary judgment ruling, before the jury.
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Neither party shall refer to or attempt to introduce evidence of Michael Signorile’s
remote failure to appear in Sacramento County Superior Court.
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Defendant Officer Schmitz shall produce his original investigative notes and notebooks
for trial, to the extent they still exist.
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Neither party shall make reference to the summary judgment proceedings, or the
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Neither party shall be allowed to introduce evidence on issues concerning which party
failed to respond to discovery on the basis of privilege.
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14.
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The use of the plaintiff’s photo lineup or warrantless arrest notice shall be accompanied
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by an advisement to the jury that plaintiff’s photo is from the Department of Motor
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Vehicles and is not a mug shot.
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The defense will not argue or suggest that defendant Officer Schmitz will have to pay
any judgment against him personally.
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16.
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No evidence of or reference to the result of any internal affairs or municipal civil
liability investigation shall be allowed at trial.
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IT IS SO ORDERED.
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Dated:
/s/ Lawrence J. O’Neill
October 10, 2013
UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:
b9ed48bb
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