Coleman vs Midlands Carrier Transicold

Filing 45

ORDER GRANTING 44 Stipulation to Continue the Pretrial Conference; PARTIAL PRETRIAL ORDER, signed by Magistrate Judge Jennifer L. Thurston on 9/21/2015. Pretrial Conference CONTINUED to 10/26/2015 at 09:30 AM in Bakersfield at 510 19th Street ( JLT) before Magistrate Judge Jennifer L. Thurston. Joint Pretrial Conference statement due by 10/19/2015. Motions in Limine: Filed by 10/26/2015; Opposition by 11/2/2015; Hearing on Motions in Limine set for 11/9/2015 at 10:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TOMMY COLEMAN,

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Plaintiff,

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v.
MIDLANDS CARRIER TRANSICOLD, et
al.,

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Defendants.

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Case No.: 1:14-cv-01472 JLT
ORDER GRANTING STIPULATION TO
CONTINUE THE PRETRIAL CONFERENCE;
PARTIAL PRETRIAL ORDER
(Doc. 44)

Counsel have filed a stipulation (Doc. 44) to continue the pretrial conference to October 26,

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2015 to accommodate their intention to have settlement discussions. (Doc. 42) However, this

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necessitates the Court set some pretrial deadlines at this time. Thus, good cause appearing, the Court

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ORDERS:
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may appear telephonically via the CourtCall service;
2.

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3.

No later than October 19, 2015, the parties SHALL exchange exhibit lists via e-mail

or fax. A copy of any exhibit not previously disclosed, SHALL be provided with the exhibit list;
4.

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No later than October 19, 2015, the parties SHALL file a joint pretrial conference

statement addressing the requirements of Local Rule 281(b);

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The pretrial conference is CONTINUED to October 26, 2015 at 9:30 a.m. Counsel

No later than October 19, 2015, the parties SHALL exchange witness lists via e-mail

or fax;
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5.

Any party may file motions in limine. The purpose of a motion in limine is to establish

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in advance of the trial that certain evidence should not be offered at trial. “Although the Federal Rules

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of Evidence do not explicitly authorize in limine rulings, the practice has developed pursuant to the

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district court’s inherent authority to manage the course of trials.” Luce v. United States, 469 U.S. 38,

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40 n. 2 (1984); Jonasson v. Lutheran Child and Family Services, 115 F. 3d 436, 440 (7th Cir. 1997).

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The Court will grant a motion in limine, and thereby bar use of the evidence in question, only if the

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moving party establishes that the evidence clearly is not admissible for any valid purpose. Id.

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Any motions in limine must be filed with the Court by October 26, 2015. The motion must

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clearly identify the nature of the evidence that the moving party seeks to prohibit the other side from

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offering at trial. Any opposition to the motion must be served on the other party, and filed with the

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Court by November 2, 2015. No replies are authorized. The Court sets a hearing on the motions in

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limine on November 9, 2015, at 10:00 a.m. Appearances via Courtcall are authorized.

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In advance of filing any motion in limine, counsel SHALL meet and confer to determine

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whether they can resolve any disputes and avoid filing motions in limine. Along with their

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motions in limine, the parties SHALL file a certification demonstrating counsel have in good

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faith met and conferred and attempted to resolve the dispute. Failure to provide the

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certification may result in the Court refusing to entertain the motion;

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5.

The parties SHALL serve, via e-mail or fax, their proposed jury instructions in

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accordance with Local Rule 163 and their proposed verdict form on one another no later than October

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19, 2015. The parties shall conduct a conference to address their proposed jury instructions and verdict

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form no later than October 26, 2015. At the conference, the parties SHALL attempt to reach

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agreement on jury instructions and verdict form for use at trial.

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Failure to comply with this order may result in the imposition of sanctions.

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IT IS SO ORDERED.
Dated:

September 21, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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