Lobato v. Gomez, et al.
Filing
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ORDER re the Court's proposed jury document signed by Magistrate Judge Erica P. Grosjean on 6/23/2017. (Attachments: # 1 jury instructions, # 2 statement of case, # 3 verdict form)(Rooney, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RACHEL LOBATO,
Plaintiff,
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Case No. 1:15-cv-00686-EPG
COURT’S PROPOSED JURY
DOCUMENTS
v.
EVERARDO O. GOMEZ, individually and dba EL
SARAPE RESTAURANT; DOLORES B.
GOMEZ, individually and dba EL SARAPE
RESTAURANT,
Defendants.
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The Court has reviewed the parties' submission of documents for the jury and submits its
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proposed draft jury instructions, neutral statement of the case, and special verdict form (see attached
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exhibits to this order). The parties should raise any objections related to these documents at the
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pretrial conference currently set for June 26, at 11:00 am.
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Upon preparation of these documents, the Court has the following questions and comments,
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which the parties should be prepared to address at the pretrial conference:
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1. Is Plaintiff requesting that the jury determine damages? The Court has not seen a proposed
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jury instruction on damages beyond reference to the $4,000 statutory minimum.
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2. Is Plaintiff requesting a finding from the jury regarding the claims for the Unruh Act and
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California Health and Safety Code? Note that Plaintiff did not submit a jury instruction to
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determine this. Currently, the special verdict form requesting a finding on these claims, but
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there is no jury instruction giving jury guidance.
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As discussed in the prior order, the Court would like to discuss the issue of standing. Note
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that jury instruction 20 discusses any difficulty, discomfort or embarrassment related to Plaintiff's
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encounter with a barrier, which assumes that Plaintiff has standing. It is possible for the Court to
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hear an evidentiary hearing on standing on Tuesday, June 27, and proceed with the jury trial, if still
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applicable, on Wednesday June 28. The Court again solicits counsels’ input on this issue.
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IT IS SO ORDERED.
Dated:
June 23, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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