Puckett v. Zamora et al

Filing 88

JOINT STIPULATION to Modify Pretrial Order 63 , 86 , signed by Magistrate Judge Jennifer L. Thurston on 6/19/15: The stipulation of counsel to modify the pretrial order 86 is GRANTED. (Hellings, J)

1
2
3
4
5

William L. Schmidt, SBN. 206870
Aaron J. Aguirre, SBN 303074
WILLIAM L. SCHMIDT, ATTORNEY AT LAW, P.C.
377 W. Fallbrook Ave., Suite 205
Fresno, CA 93711
Telephone: [phone]
Facsimile: 559.436.8163
Email: [e-mail]
Attorneys for Plaintiff Durrell A. Puckett

6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9

DURRELL A. PUCKETT,

Case No. 1:12-cv-00948 JLT (PC)

10
11
vs.

12
13

JOINT STIPULATION TO MODIFY
PRETRIAL ORDER (DOC. 63)

Plaintiff,

(Doc. 86)

R. ZAMORA, et al.

14
15
RECITALS

16
17
18

WHEREAS, on June 17, 2015, Counsel for Plaintiff and Counsel for defendants Acevedo,
Gutierrez, and Rodriguez met and conferred regarding modification of the Court’s Pretrial Order of
May 15, 20151. Counsel for Plaintiff has identified a number of additional exhibits to be used at trial.

19
20

WHEREAS these parties have agreed to permit Plaintiff to use, if needed, the following Defense
exhibits in the prosecution of Plaintiff’s case in chief:

21

(1) the Rules Violation Report (CDC 115), Log No. 3A03-12-01-005,

22

(2) all documents contained in the related CRIME/INCIDENT Report (CDC 837), Incident Log

23

No. COR 03A-12-01-0018,

24

(3) Medical Report of Injury or Unusual Occurrence (CDC 7219), dated January 10, 2012

25

(4) Inmate/Parolee Appeal (CDC 602), Log No. COR-12-202,

26
27

1

Counsel for defendant Zamora was not invited to participate in this process, but was informed of plaintiff’s proposed
additions on June 17, 2015.

28
1
JOINT STIPULATION TO MODIFY PRETRIAL ORDER

Case No.: 1:12-cv-00948

1
2

WHEREAS in addition to the documents listed in the Court’s Pretrial Order (Doc. 63) dated
May 15, 2015, Plaintiff anticipates admitting the following exhibits:

3

(5) the declaration of C. Acevedo dated June 16, 2014,

4

(6) the declaration of R. Gutierrez dated June 19, 2014,

5

(7) the declaration of P. Rodriguez dated June 20, 2014, and

6

(8) the declaration of R. Zamora dated June 20, 2014.

7

Counsel for defendant Zamora objects to any of these declarations being admitted, as they are

8

hearsay, the declarants are not unavailable, and it would be confusing to the jury.

9

WHEREAS the Court’s Pretrial Order has not been previously modified.

10
11

///

12
13

///

14
15

///

16
///

17
18

///

19
20

///

21
22

///

23
24

///

25
26

///

27
28
2
JOINT STIPULATION TO MODIFY PRETRIAL ORDER

Case No.: 1:12-cv-00948

1

Now, therefore, IT IS HEREBY STIPULATED AND AGREED, by and between the parties,

2

through their respective attorneys of record, that the Court’s Pretrial Order (Doc. 63) be modified as

3

follows: in addition to the documents listed in the Court’s Pretrial Order (Doc. 63) dated May 15, 2015,

4

Plaintiff anticipates seeking to admit the following exhibits:

5

(1) Rules Violation Report (CDC 115), Log No. 3A03-12-01-005,

6

(2) all documents contained in the related CRIME/INCIDENT Report (CDC 837), Incident

7

Log No. COR 03A-12-01-0018,

8

(3) Medical Report of Injury or Unusual Occurrence (CDC 7219), dated January 10, 2012,

9

(4) Inmate/Parolee Appeal (CDC 602), Log No. COR-12-202,

10

(6) the declaration of R. Gutierrez dated June 19, 2014,

11

(7) the declaration of P. Rodriguez dated June 20, 2014, and

12

(8) the declaration of R. Zamora dated June 20, 2014.

13
14 Dated: June 19, 2015
15

/s/ William L. Schmidt
William L. Schmidt
Attorney for Plaintiff

16
KAMALA D. HARRIS
Attorney General of California

17
18
19

Dated: June 19, 2015

By:

20
21
22
23

/s/ Timothy H. Delgado
Timothy H. Delgado
Deputy Attorney General
Attorney for Defendants Acevedo, Gutierrez, and
Rodriguez
BURKE, WILLIAMS & SORENSEN LLP

24
25

Dated: June 19, 2015

26
27

/s/ Susan E. Coleman
Susan E. Coleman
Attorney for Defendant Zamora

///

28

By:

///
3
JOINT STIPULATION TO MODIFY PRETRIAL ORDER

Case No.: 1:12-cv-00948

1
2
3
4
5

ORDER
The stipulation of counsel to modify the pretrial order (Doc. 86), is GRANTED.
IT IS SO ORDERED.
Dated:

June 19, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
JOINT STIPULATION TO MODIFY PRETRIAL ORDER

Case No.: 1:12-cv-00948