Hargrove v. City of Bakersfield et al

Filing 56

STIPULATION and ORDER 55 re Defendants' Motions in Limine Nos. 1, 5, 8, 10, 12, 13, 14, 17 and 19, signed by Magistrate Judge Jennifer L. Thurston on 9/25/2019. (Hall, S)

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Michael G. Marderosian, No. 77296
Heather S. Cohen, No. 263093
MARDEROSIAN & COHEN
1260 Fulton Street
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]

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Virginia Gennaro, No. 138877
City Attorney
CITY OF BAKERSFIELD
1501 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]

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Attorneys for: Defendants CITY OF BAKERSFIELD, CHRISTIOPHER MOORE and GEORGE VASQUEZ

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Neil K. Gehlawat, Esq.
ALDERLAW, P.C.
1875 Century Park East, Suite 1500
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]

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Thomas C. Seabaugh, Esq.
THE LAW OFFICE OF
THOMAS C. SEABAUGH
601 West Fifth Street, Ste. 800
Los Angeles, CA 90071
Telephone: [phone]

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Attorneys for: Plaintiff TATYANA HARGROVE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
TATYANA HARGROVE,

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Plaintiff,

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vs.

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CITY OF BAKERSFIELD, et al.

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Defendants.

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Case No. 1:17-CV-01743-JLT
STIPULATION AND [PROPOSED]
ORDER RE DEFENDANTS’ MOTIONS
IN LIMINE NOS. 1, 5, 8, 10, 12, 13,
14, 17 AND 19
(Doc. 55)

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RECITALS
WHEREAS the Parties filed their Joint Pretrial Statement on September 9, 2019 [Dkt. No. 44]
wherein Defendants listed a total of 23 Motions in Limine they intended to file;
WHEREAS the Court issued its Pretrial Order on September 16, 2019 [Dkt. No. 47] listing the
Motions in Limine and ordering that they be filed on or before September 23, 2019;
WHEREAS, on September 17, 2019, the Parties met and conferred and determined that certain
issues raised by the Defendants in their Motions in Limine were not in dispute.
STIPULATION

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IT IS HEREBY STIPULATED, by and between the Parties hereto, through their respective
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attorneys of record, that:
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1.

The parties agree that no party will introduce, reference, or allude to the fact that

Christopher Moore is no longer paired with his K9 partner;
2.

The parties agree that no party will introduce, reference, make statements to the effect or

allude to the Bakersfield Police Department or its officers as the “deadliest police force in America”;
3.

The parties agree that no party will introduce, reference, or allude to the recent report

issued by the ACLU;

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4.

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of Justice letter;

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5.

The parties agree that no party will introduce, reference, or allude to the 2004 Department

The parties agree that no party will introduce, reference, or argue that either the

Department of Justice, the Federal Bureau of Investigation, or any other agency is investigating the City
of Bakersfield Police Department;

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6.
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Non-party witnesses will be excluded from the Courtroom;

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No party will make any “Golden Rule Argument”;

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The parties agree that no party will introduce, reference, or allude to the recent

arrest/placement on administrative leave of Evan Demestihas;
9.

The parties enter into this Stipulation with the understanding that any party is free to argue

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at trial that the door has been opened with respect to any of the above categories. In such a situation, that

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party must raise the issue outside the presence of the jury and seek the Court’s permission to depart from

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this Stipulation.

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Additionally, the Plaintiff and her counsel agree that:
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The Plaintiff agrees to waive past medical expenses;

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Dr. Pangarkar is not going to testify that Ms. Hargrove needs any sort of

neuropsychological evaluation.

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Dated: September 25, 2019

THE LAW OFFICE OF THOMAS C. SEABAUGH

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/s/ Thomas C. Seabaugh
By:________________________________
Thomas C. Seabaugh,
Attorneys for Plaintiff

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Dated: September 25, 2019

ALDERLAW PC

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/s/ Neil Gehlawat
By:________________________________
Neil Gehlawat,
Attorneys for Plaintiff

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Dated: September 25, 2019

MARDEROSIAN & COHEN

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/s/ Michael G. Marderosian
By:________________________________
Michael G. Marderosian,
Attorneys for Defendants
above-named.

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ORDER

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IT IS SO ORDERED THAT:

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1.

The Parties agree that no Party will introduce, reference, or allude to the fact that

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Christopher Moore is no longer paired with his K9 partner;
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2.

allude to the Bakersfield Police Department or its officers as the “deadliest police force in America”;

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The Parties agree that no Party will introduce, reference, make statements to the effect or

3.

The Parties agree that no Party will introduce, reference, or allude to the recent report

issued by the ACLU;

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4.

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of Justice letter;

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5.

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The Parties agree that no Party will introduce, reference, or allude to the 2004 Department

The Parties agree that no Party will introduce, reference, or argue that either the

Department of Justice, the Federal Bureau of Investigation, or any other agency is investigating the City
of Bakersfield Police Department;
6.

Non-party witnesses will be excluded from the Courtroom;

7.

No party will make any “Golden Rule Argument”;

8.

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The Parties agree that no Party will introduce, reference, or allude to the surveillance video

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of the incident at the Grocery Outlet store;

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9.

The parties agree that no party will introduce, reference, or allude to the recent

arrest/placement on administrative leave of Evan Demestihas;

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10.

In the event a party feels that the door has been opened with regard to any of the above

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categories, that party will raise the issue outside of the presence of the jury and seek the Court’s permission

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to depart from this Order;
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Limine Nos. 1, 5, 8, 10, 12, 13, 14, 17 and 19.
12.

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Based on the foregoing, it is unnecessary for the Court to rule on Defendants’ Motions in

The Plaintiff waives any claim to past medical expenses.

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evaluation.

Dr. Pangarkar will not testify that the Plaintiff needs any sort of neuro-psychological

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IT IS SO ORDERED.
Dated:

September 25, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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