Bissat v. City of Visalia

Filing 78

ORDER GRANTING 73 Request to Modify the Pretrial Order, signed by District Judge Jennifer L. Thurston on 6/4/2024. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RASHID BISSAT,
Plaintiff,

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Case No. 1:21-cv-01649-JLT-SKO
ORDER GRANTING REQUEST TO MODIFY
THE PRETRIAL ORDER

v.
(Doc. 73)

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CITY OF VISALIA, a California
municipal corporation and charter city,
Defendant.

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The defense requests the Court amend the pretrial order to add an exhibit, identified as a

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“Certified Mail Tracking and Digital Signature Retrieval Report,” to the pretrial order. (Doc. 73)

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Though this motion was filed on May 9, 2024, the plaintiff has not opposed the request.

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The defense demonstrates that the document was only recently discovered—after the

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pretrial conference—and was not in the possession of the defense throughout this case. (Doc. 73

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at 2-4) Once it was discovered in a previously unknown USPS database, the defense notified the

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plaintiff’s counsel of the discovery of the document and provided a copy of it. Id. Finally, the

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defense asserts that this document is central to the issues in the case. Id.

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Because it appears the defense has made the requisite showing that precluding the

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marking of this document as an exhibit would constitute manifest injustice, the Court GRANTS

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the request. (Doc. 73) The exhibit list in the pretrial order will be amended to include this

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document. Just as with any non-joint exhibit, adding this exhibit to the list does not mean it is

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admissible. It means only that it may be admitted upon a proper showing.

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IT IS SO ORDERED.
Dated:

June 4, 2024

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