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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RASHID BISSAT, Plaintiff, 12 13 Case No. 1:21-cv-01649-JLT-SKO ORDER GRANTING REQUEST TO MODIFY THE PRETRIAL ORDER v. (Doc. 73) 14 15 16 CITY OF VISALIA, a California municipal corporation and charter city, Defendant. 17 18 The defense requests the Court amend the pretrial order to add an exhibit, identified as a 19 “Certified Mail Tracking and Digital Signature Retrieval Report,” to the pretrial order. (Doc. 73) 20 Though this motion was filed on May 9, 2024, the plaintiff has not opposed the request. 21 The defense demonstrates that the document was only recently discovered—after the 22 pretrial conference—and was not in the possession of the defense throughout this case. (Doc. 73 23 at 2-4) Once it was discovered in a previously unknown USPS database, the defense notified the 24 plaintiff’s counsel of the discovery of the document and provided a copy of it. Id. Finally, the 25 defense asserts that this document is central to the issues in the case. Id. 26 Because it appears the defense has made the requisite showing that precluding the 27 marking of this document as an exhibit would constitute manifest injustice, the Court GRANTS 28 the request. (Doc. 73) The exhibit list in the pretrial order will be amended to include this 1 document. Just as with any non-joint exhibit, adding this exhibit to the list does not mean it is 2 admissible. It means only that it may be admitted upon a proper showing. 3 4 5 IT IS SO ORDERED. Dated: June 4, 2024 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?