Gorton v. Todd et al

Filing 178

ORDER signed by Judge Lawrence K. Karlton on 1/15/2013 DENYING Defendants' 164 Objection requesting a separate trial of punitive damages; APPROVING Plaintiff's 165 Corrections to the Pretrial Order; OVERRULING, without prejudice to rene w at trial, Defendants' 167 Objections to the exhibits offered by the Plaintiff; OVERRULING Defendants' 168 Objection seeking qualified immunity from suit; OVERRULING, without prejudice to renew at trial, Plaintiff's 169 Objection to Defendants' trial exhibit 5D. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES ROBERT GORTON,
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Plaintiff,
NO. CIV. S-08-3069 LKK/AC P

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v.
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HAWKINS, et al.,

O R D E R

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Defendants.
/

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The court is in receipt of the parties’ filings in response

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to this court’s tentative pre-trial conference order issued on

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November 29, 2012. See Pretrial Conference Order (Tentative), ECF

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No. 163; Defs’ Objection, ECF No. 164; Pl’s Ex. List, ECF No. 165;

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Defs’ Objections, ECF No. 167; Defs’ Objections, ECF No. 168; Pl’s

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Objections, ECF No. 169.
Defendants’ objection requesting a separate trial of punitive

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damages, ECF No. 164, is DENIED.

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Plaintiff’s corrections to the pretrial order, ECF No. 165,

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are APPROVED. The court will therefore attach Plaintiff’s Exhibit

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List

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conference order.

(Amended),

ECF

No.

165,

Ex.

1

A,

to

the

final

pretrial

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Defendants’ objections to the exhibits offered by Plaintiff,

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ECF No. 167, are OVERRULED, without prejudice to renew at trial as

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Plaintiff seeks to offer the exhibits into evidence.

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Defendants’ objection seeking qualified immunity from suit,

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ECF

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Defendants’

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Defendants’ motion for summary judgment and found that Defendants

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are not entitled to qualified immunity from suit.

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No. 153.

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No.

168,

is

OVERRULED.

arguments

for

The

court

qualified

previously

immunity

when

addressed
ruling

on

See Order, ECF

Defendants will, therefore, stand trial.

Plaintiff’s objection to Defendants’ trial exhibit 5D, ECF No.

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169,

is

OVERRULED,

without

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Defendants seek to offer the exhibit into evidence.

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IT IS SO ORDERED.

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DATED:

prejudice

January 15, 2013.

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to

renew

at

trial

as