Booke v. County of Fresno et al

Filing 177

ORDER Setting New Dates, signed by District Judge Anthony W. Ishii on 6/9/2015. (IT IS HEREBY ORDERED that: 1. Trial in this matter is RESET to 2/2/2016 at 8:30 a.m. in Courtroom No. 2; 2. The 6/12/2015 hearing date is RESET to 12/3/2015 at 10:00 a .m.; 3. The parties shall continue to meet and confer regarding the jury instructions, verdict form, and any other outstanding issues; and 4. If no agreement can be reached, the parties shall each submit proposed verdict forms no later than 11/9/2015.)(Gaumnitz, R)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

EASTERN DISTRICT OF CALIFORNIA

7
8
9

ESPERANZA BOOKE, individually and
as personal representative of the Estate of
Charles Salinas,

10

Plaintiffs

11

ORDER SETTING NEW DATES

v.

12

CASE NO. 1:13-CV-00586-AWI-SAB

JASON BOUST, et al ,
Defendants

13
14
15
16
17

On June 9, 2015, the Court held a telephonic conference with the parties. As a result of
that conference, the June 16, 2015 trial date was vacated. The parties were in agreement that,
given the Court’s trial schedule and the schedules of counsel, a new trial date in February 2016

18
19
20
21

was preferable. As reflected in the minute order issued today, the new trial date will be February
2, 2016.
Additionally, a June 12, 2015 hearing date was vacated during the telephonic conference.

22

The hearing on June 12 was meant to address jury instructions, the verdict form, whether

23

Plaintiff’s expert Dr. Douglas Johnson should be limited or excluded, and whether all of the heirs

24

of Charles Salinas need to be added as plaintiffs to this suit. The Court wishes to resolve these

25
issues, especially issues regarding jury instructions and verdict form, in advance of trial.
26
27
28

Therefore, the Court will reset the June 12 hearing to Thursday, December 3, 2015 at 10:00 a.m. in
Courtroom No. 2.

Finally, in the course of briefing the various outstanding issues, Plaintiff indicated that she

1
2

no longer wishes to pursue claims for assault, battery, and California Civil Code § 52.1. Plaintiff

3

has submitted a new verdict form and withdrawn several requested jury instructions. The Court

4

will require the parties to continue to meet and confer regarding jury instructions and verdict

5
6

forms. The parties will inform the Court of any additional agreements that can be reached with
respect to jury instructions and verdict form as soon as possible. If the parties cannot agree upon

7
8
9
10

an acceptable verdict form, the parties will each file new proposed verdict forms with the Court no
later than November 9, 2015. As part of the proposed verdict form, the parties will include an
explanation as to why their respective form is preferable to their opponent’s form.

11
12
13

Accordingly, IT IS HEREBY ORDERED that:
1.

Trial in this matter is RESET to February 2, 2016 at 8:30 a.m. in Courtroom No. 2;

2.

The June 12, 2015 hearing date is RESET to December 3, 2015 at 10:00 a.m.;

3.

The parties shall continue to meet and confer regarding the jury instructions, verdict form,

14
15
16

and any other outstanding issues; and

17
18
19

4.

If no agreement can be reached, the parties shall each submit proposed verdict forms no
later than November 9, 2015.

20
21

IT IS SO ORDERED.

22
Dated: June 9, 2015
23

SENIOR DISTRICT JUDGE

24
25
26
27
28
2