McNeal v. Fleming, et al
Filing
251
AMENDED SUPPLEMENTAL PRETRIAL ORDER signed by Chief Judge Morrison C. England, Jr on 3/29/13: The deadline date given in the Pretrial Order for filing motions in limine is vacated. Any evidentiary or procedural motions (motions in limine) are to be filed by December 20, 2013. A jury trial is scheduled for January 13, 2014. The estimated length of trial is no more than three (3) days. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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VERNON WAYNE McNEAL,
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Plaintiff,
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No. 2:02-cv-02524-MCE-JFM
v.
AMENDED SUPPLEMENTAL PRETRIAL
ORDER
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FLEMING, et al.,
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Defendants.
___________________________/
TRIAL DATE: January 13, 2014
TIME: 9:00 a.m.
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The Court makes the following findings and orders which
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supplements the Court’s Amended Pretrial Order of February 8,
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2006 (“Pretrial Order”) and Order of April 27, 2007:
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I.
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The witnesses the parties intend to call are listed in the
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WITNESSES
Pretrial Order.
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II.
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The parties are ordered to follow the below guidelines when
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EXHIBITS - SCHEDULES AND SUMMARIES
filing their exhibits listed in the Pretrial Order.
Plaintiff’s exhibits shall be listed numerically.
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Defendants’ exhibits shall be listed alphabetically.
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The parties shall use the standard exhibit stickers provided by
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the Court Clerk’s Office:
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Defendants.
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parenthesis (i.e., “AAAA(4)” to reduce confusion during the
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trial.
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fastened together and each page within the exhibit shall be
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numbered.
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list of exhibits shall not include excerpts of depositions which
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may be used to impeach witnesses.
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pink for Plaintiff and blue for
After three letters, note the number of letters in
All multi-page exhibits shall be stapled or otherwise
All photographs shall be marked individually.
The
Each party may use an exhibit designated by the other.
In
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the event that Plaintiff and Defendants offer the same exhibit
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during trial, that exhibit shall be referred to by the
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designation the exhibit is first identified.
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the parties to pay attention to this detail so that all
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concerned, including the jury, will not be confused by one
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exhibit being identified with both a number and a letter.
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A.
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The Court cautions
unless:
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No other exhibits will be permitted to be introduced
(1)
The party proffering the exhibit demonstrates that
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the exhibit is for the purpose of rebutting evidence which could
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not be reasonably anticipated at the pretrial conference, or
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(2)
The exhibit was discovered after the pretrial
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conference and the proffering party makes the showing required in
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paragraph “B”, below.
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B.
Upon the post-pretrial discovery of exhibits, the
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parties shall promptly inform the Court and opposing party of the
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existence of such exhibits so that the Court may consider at
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trial their admissibility.
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unless the proffering party demonstrates:
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(1)
The exhibits could not reasonably have been
discovered earlier;
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The exhibits will not be received
(2)
The Court and opposing parties were promptly
informed of their existence;
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(3)
The proffering party forwarded a copy of the
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exhibit(s) (if physically possible) to opposing parties.
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exhibit(s) may not be copied, the proffering party must show that
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the exhibit(s) were made reasonably available for inspection by
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opposing party.
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C.
If the
The parties are ordered to exchange copies of all their
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exhibits and exhibit list by December 30, 2013.
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directed to present the original and two (2) copies of the
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exhibit(s) and exhibit list to the Court Clerk’s Office by
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December 30, 2013.
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D.
Each party is
NO EXCEPTIONS.
If available to the party, the Court’s copies of the
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exhibits shall be presented in a 3-ring binder(s) with a side tab
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identifying each exhibit by number or letter.
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be no larger than three inches in width and have an
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identification label on the front and side panels.
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III.
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A.
Each binder shall
DISCOVERY DOCUMENTS
Filing Depositions.
It is the duty of the parties to
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ensure that any deposition which is to be used at trial has been
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lodged with the Clerk of the Court.
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In addition, two unmarked copies of the transcripts must be
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delivered to the Court Clerk’s Office.
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that a failure to discharge this duty may result in the Court
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precluding use of the deposition or imposition of such other
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sanctions as the Court deems appropriate.
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B.
Use of Depositions.
The parties are cautioned
The parties are ordered to file
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with the Court and exchange between themselves by December 30,
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2013 a statement designating portions of depositions intended to
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be offered or read into evidence (except for portions to be used
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only for impeachment or rebuttal).
C.
Interrogatories.
The parties are ordered to file with
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the Court and exchange between themselves by December 30, 2013
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the portions of Answers to Interrogatories which the respective
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parties intend to offer or read into evidence at the trial
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(except portions to be used only for impeachment or rebuttal).
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IV.
FURTHER DISCOVERY OR DISCOVERY MOTIONS
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Pursuant to the Court’s Scheduling Order, all discovery and
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law and motion was to have been completed.
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to engage in informal agreements regarding discovery and law and
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motion matters.
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enforceable in this Court.
The parties are free
However, any such agreements will not be
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V.
AGREED STATEMENTS - JOINT STATEMENT OF CASE
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It is mandatory the parties shall file a short, jointly-
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prepared statement concerning the nature of this case that will
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be read to the jury at the commencement of trial (NO EXCEPTIONS).
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The joint statement of the case shall include in plain concise
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language the claims of Plaintiff and claims of other parties, if
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any, and the corresponding defenses to the claims.
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The purpose of the joint statement of the case is to inform the
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jury at the outset, what the case is about.
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be filed with the Court by December 30, 2013.
The statement must
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VI.
PROPOSED JURY INSTRUCTIONS, VOIR DIRE, VERDICT FORM
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A.
Jury Instructions
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The deadline date given in the Pretrial Order for filing
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jury instructions is vacated.
The parties are directed to meet
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and confer and to attempt to agree upon a joint set of jury
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instructions.
The parties shall use the Ninth Circuit Model Jury
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Instructions and any revisions.
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authority may only be used if a Ninth Circuit Model Jury
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Instruction is unavailable.
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the opening and closing instructions for your use.
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of instructions must be filed by December 30, 2013 and shall be
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identified as the “Jury Instructions Without Objection.”
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Alternate instruction or
Attached for the parties’ review are
The joint set
All instructions shall be, to the extent possible, concise,
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understandable, and free from argument.
See Local Rule 163(c).
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Parties shall also note that any modifications of instructions
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from statutory authority, case law or from any form of pattern
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instructions must specifically state the modification by
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underlining additions and bracketing deletions.
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B.
Verdict Form
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The parties must file a joint verdict form(s) concurrently
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with proposed jury instructions by December 30, 2013. If necessary,
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a special verdict or interrogatories shall be included for all
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factual disputes submitted to the jury that must be resolved
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before questions of law can be decided, and for any other issue
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on which specific responses are desired.
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See Local Rule 163(e).
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C.
Voir Dire
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The parties shall submit proposed voir dire questions to the
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Court.
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prospective jurors.
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will permit each side up to ten (10) minutes to conduct voir dire,
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if desired.
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filing voir dire questions is vacated.
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shall be filed with the Court by December 30, 2013.
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The Court reserves the right to conduct all examination of
D.
Notwithstanding this reservation, the Court
The deadline date given in the Pretrial Order for
The voir dire questions
Submission of Documents to the Court
At the time of filing their respective proposed jury
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instructions, verdict form(s), and voir dire questions, the
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parties shall also electronically mail to the Court in digital
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format and compatible with Microsoft Word or WordPerfect, the
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proposed jury instructions and verdict form(s).
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should be sent to mceorders@caed.uscourts.gov.
These documents
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VII.
AUDIO/VISUAL EQUIPMENT
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The parties are required to file electronically a joint
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request to the Courtroom Deputy Clerk, Stephanie Deutsch, by
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December 20, 2013 if they wish to reserve and arrange for
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orientation with all parties on the Court’s mobile audio/visual
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equipment for presentation of evidence.
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and time for such orientation.
There will be one date
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VIII.
TRIAL BRIEFS
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The parties shall file trial briefs not later than
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December 30, 2013.
The parties are directed to Local Rule 285
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regarding the content of trial briefs.
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IX.
EVIDENTIARY AND/OR PROCEDURAL MOTIONS
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The deadline date given in the Pretrial Order for filing
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motions in limine is vacated.
Any evidentiary or procedural
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motions (“motions in limine”) are to be filed by December 20,
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2013.
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reply must be filed by January 6, 2014.
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heard by the Court on the first day of trial.
Oppositions must be filed by December 30, 2013 and any
The motions will be
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X.
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A jury trial is scheduled for January 13, 2014.
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estimated length of trial is no more than three (3) days.
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trial will consist of seven (7) jurors.
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Stephanie Deutsch, Courtroom Deputy Clerk, at
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mceorders@caed.uscourts.gov, or call at (916) 930-4207, by
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December 30, 2013 to ascertain the status of the trial date.
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DATE AND LENGTH OF TRIAL
The
The
Counsel are to email
The Court will permit each side up to one (1) hour for
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closing arguments.
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for rebuttal purposes but will be required to monitor any time so
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reserved.
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Plaintiff will be permitted to reserve time
IT IS SO ORDERED.
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_____________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE
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