The Estate of Jason Alderman et al v. City of Bakersfield et al

Filing 81

ORDER GRANTING STIPULATIONS 49 , 53 and 71 signed by District Judge Dale A. Drozd on 9/6/2018. (Thorp, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THE ESTATE OF JASON ALDERMAN;
JUDY EDENS, an individual; A.K., by and
through his guardian ad litem NENA
CHAVEZ; and S.A., by and through his
guardian ad litem STEPHANIE ELLIOTT,

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Plaintiffs,

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No. 1: 16-cv-00994-DAD-JLT

ORDER GRANTING STIPULATIONS
(Doc. Nos. 49, 53, 71)

v.
CITY OF BAKERSFIELD;
BAKERSFIELD POLICE
DEPARTMENT; OFFICER CHAD
GARRETT, an individual; OFFICER
RICK WIMBISH, an individual,

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Defendants.

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The jury trial in this action is scheduled to commence on September 11, 2018. On August

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10, 2018, the undersigned issued a tentative pretrial order. (Doc. No. 47.) Thereafter, the parties

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filed various stipulations.
On August 20, 2018, the parties filed a stipulation addressing defendants’ proposed

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motions in limine numbers 1, 2, 6, 8, 16, 17, 24, and 25. (Doc. No. 49.) On August 21,

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defendants filed motions in limine numbers 1–25. (Doc. No. 50.) The parties’ stipulation

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provides as follows:

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1.

No party shall make any reference to, introduce evidence of, or make any

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argument that the Bakersfield Police Department is “America’s Deadliest Police

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Force”;

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2.

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No party shall make reference to, introduce evidence of, or make any argument
relating to any settlement reached on behalf of defendants in any other lawsuit;

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3.

No party shall make reference to, introduce evidence of, or seek to admit the

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recent report issued by the American Civil Liberties Union (“ACLU”) pertaining

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to the Bakersfield Police Department and its policies and practices;

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4.

No party shall make reference to, introduce evidence of, or make any argument

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relating to the City of Bakersfield and/or Bakersfield Police Department defending

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and indemnifying its police officers;

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5.

No party shall use the terms “murderer” or “killer”;

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6.

No party shall use the term “murder”;

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7.

Non-party witnesses will be excluded from the courtroom;

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8.

No party will make any “Golden Rule Argument.”

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On August 28, 2018, the parties filed another stipulation, this one seeking dismissal with

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prejudice of plaintiffs’ fifth cause of action for violation of California Civil Code § 52.1. (Doc.

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No. 53.)

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On September 4, 2018, the parties filed an additional stipulation addressing the levels of

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THC and BAC found to be in Jason Alderman’s (“decedent”) body at the time of his death. (Doc.

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No. 71.) In that document it is stipulated between the parties that at the time of decedent’s death:

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1.

The concentration of Delta-9 THC, which is an active ingredient in marijuana, in
Jason Alderman’s blood was 110 ng/ml;

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2.

The concentration of Delta-9 carboxy THC, which is the inactive metabolite of
marijuana, in Jason Alderman’s blood was 27 ng/ml;

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3.

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The blood alcohol level (“BAC”) in Jason Alderman’s blood was .172.

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Good cause appearing, and the parties having so stipulated, it is hereby ordered that:

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1.

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numbers 1, 2, 6, 8, 16, 17, 24, and 25 (Doc. No. 49) is granted;

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2.

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The parties’ stipulation that plaintiffs’ fifth cause of action for violation of
California Civil Code § 52.1 be dismissed with prejudice (Doc. No. 53) is granted;

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3.

The parties’ stipulation as to the levels of THC and BAC in decedent’s body at the
time of his death (Doc. No. 71) is granted.1

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The parties’ stipulation addressing defendants’ proposed motions in limine

IT IS SO ORDERED.

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Dated:

September 6, 2018
UNITED STATES DISTRICT JUDGE

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The parties may advise the court on the first day of trial how they propose informing the jury of
these facts to which they have stipulated.
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