Mission Linen Supply v. City of Visalia

Filing 97

ORDER re JOINT STATUS REPORT AND STIPULATION REGARDING MOTIONS IN LIMINE PURSUANT TO DOCUMENT 91 , signed by District Judge Anthony W. Ishii on 9/20/2017. (Kusamura, W)

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LORI J. GUALCO (Bar No. 95232)
GUALCO LAW
400 Capitol Mall, Eleventh Floor
Sacramento, CA 95814
Tel: [phone]
Fax: [phone]
Email: [e-mail]
JAN A. GREBEN (Bar No. 103464)
CHRISTINE M. MONROE (Bar No. 304573)
GREBEN & ASSOCIATES
125 E. De La Guerra Street, Suite 203
Santa Barbara, CA 93101
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
MISSION LINEN SUPPLY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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MISSION LINEN SUPPLY, a California
Corporation,
Plaintiff,

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Case No.: 1:15-cv-00672-AWI-EPG
JOINT STATUS REPORT AND
STIPULATION REGARDING
MOTIONS IN LIMINE PURSUANT TO
DOCUMENT 91; ORDER

v.
CITY OF VISALIA, and Does 1-20, inclusive,
Defendant.

Hearing Date: September 25, 2017
Hearing Time: 1:30 p.m.

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Honorable Judge Anthony W. Ishii

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Pursuant to Document 91, plaintiff Mission Linen Supply (“Mission Linen”) and defendant
City of Visalia (“City”) provide the following joint status report regarding their respective pending
motions in limine set to be heard on September 25, 2017.
1. Mission Linen MIL #1: The parties have reached an agreement and hereby stipulate that
the City shall limit Dr. Sweetland’s direct examination to her expert report, rebuttal
expert report and deposition testimony and will not go into areas outside that scope,
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except should the door be opened during cross-examination by Mission Linen’s counsel.

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Based on this stipulation, the motion is hereby withdrawn and the Court need to make a

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ruling.

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2. Mission Linen MIL #2: The parties have not been able to reach an agreement as to this
motion.
3. Mission Linen MIL #3: The parties have not been able to reach an agreement as to this
motion.

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4. Mission Linen MIL #4: Previously withdrawn.

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5. Mission Linen MIL #5: The parties have reached an agreement and hereby stipulate that

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the City will not use deposition testimony during trial, except for purposes of

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impeachment, or unless a witness is later found to be “unavailable” within the meaning of

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the Federal Rules of Evidence.

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withdrawn and the Court need to make a ruling.

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Based on this stipulation, the motion is hereby

6. Mission Linen MIL #6: The parties have not been able to reach an agreement as to this
motion.

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7. Mission Linen MIL #7: The parties have reached an agreement and the City does not

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oppose this motion. The parties hereby stipulate to the relief sought in Mission Linen’s

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motion, striking the stated immunity defenses from the operative pretrial order (expressly

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excluding the City’s operative design immunity defenses). Based on this stipulation, the

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motion is hereby withdrawn and the Court need to make a ruling.

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8. Mission Linen MIL #8: The parties have reached an agreement and the City does not

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oppose this motion. The parties hereby stipulate to the relief sought in Mission Linen’s

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motion, striking the stated innocent landowner/contiguous owner defenses from the

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operative pretrial order. Based on this stipulation, the motion is hereby withdrawn and the

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Court need to make a ruling.

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9. City MIL # 1: The parties have not been able to reach an agreement as to this motion.

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10. City MIL # 2: The parties have not been able to reach an agreement as to this motion.

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11. City MIL # 3: The parties have not been able to reach an agreement as to this motion.
12. City MIL # 4: The parties have not been able to reach an agreement as to this motion.
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13. Mission Linen’s Exhibit and Notice of Violation Motions: The Parties also met and

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conferred regarding the pending exhibit motions also set for hearing on September 25.

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The parties have been unable to reach an agreement.

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Dated: September 20, 2017
(Per authorization)

GUALCO LAW

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/s/ Lori Gualco
Lori J. Gualco
Attorney for Plaintiff MISSION LINEN
SUPPLY

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Dated: September 20, 2017

GREBEN & ASSOCIATES

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/s/ Jan Greben
Jan A. Greben
Christine M. Monroe
Attorneys for Plaintiff MISSION LINEN
SUPPLY

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Date: September 20, 2017
(Per authorization)

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HERR, PEDERSEN & BERGLUND LLP

/s/ Leonard Herr
Leonard C. Herr
Ron Statler
Caren C. Curtiss
Attorney for Defendant CITY OF VISALIA

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DISCUSSION

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The Court will give effect to the parties’ stipulations with respect to the Plaintiff’s motions in

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limine. The subject matter of Plaintiff’s motions one, five, seven, and eight will be considered

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resolved by stipulation per the terms above, and the motions themselves will be deemed withdrawn.

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Plaintiff’s motions in limine two, three, and six, Defendant’s motions one, two, three, and four, and

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Plaintiff’s supplemental motions regarding trial exhibits (Doc. No. 87) and supplemental discovery

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disclosures (Doc. No. 88) remain pending and will be addressed at the September 25, 2017 hearing.

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IT IS SO ORDERED.
Dated: September 20, 2017
SENIOR DISTRICT JUDGE

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