Carr v. California Department of Corrections & Rehabilitation et al

Filing 222

ORDER signed by Magistrate Judge Kendall J. Newman on 5/13/13 ORDERING that 212 and 213 motions to amend the pretrial order are GRANTED; Clerk of the Court is directed to attach to this order the following pages from plaintiffs April 29, 2013 filing (dkt. no. 220 ), pages 2, 3, 5 & 6; and the documents appended to this order identify the exhibits and discovery documents plaintiff seeks to admit at trial. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ARTHUR CARR,

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Plaintiff,

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No. 2:09-cv-0826 GEB KJN P

vs.
H. HER, et al.,

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ORDER AND SUPPLEMENTAL
Defendants.

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PRETRIAL ORDER IDENTIFYING
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PLAINTIFF’S TRIAL EXHIBITS

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On November 20, 2012, the undersigned issued the pretrial order. On February

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25, 2013, plaintiff filed an untimely motion for modification of the pretrial order, and a motion

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for reconsideration of the pretrial order, claiming that he inadvertently omitted exhibits from the

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exhibit list contained in the pretrial order. Defendants did not oppose the motions.

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At the January 14, 2013 trial confirmation hearing, jury trial was continued to July
9, 2013. This case is presently set for settlement conference on June 13, 2013.

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By order filed March 26, 2013, plaintiff was directed to submit a complete exhibit

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list within thirty days, and defendants were granted seven days thereafter to file an opposition, if

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any, to plaintiff’s motion to amend his exhibit list. On April 29, 2013, plaintiff filed his exhibit

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list; seven days have now passed, and defendants have not filed an opposition.

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A pretrial order “may be modified only for good cause.” Fed. R. Civ. P. 16(b).

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The district court may modify the pretrial schedule “if it cannot reasonably be met despite the

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diligence of the party seeking the extension.” Johnson v. Mammoth Recreations, Inc., 975 F.2d

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604, 609 (9th Cir. 1992) (quoting Fed. R. Civ. P. 16, advisory committee's notes (1983

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amendment)). The “good cause” standard set forth in Rule 16 primarily focuses upon the

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diligence of the party requesting the amendment. Id. “Although the existence or degree of

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prejudice to the party opposing the modification might supply additional reasons to deny a

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motion, the focus of the inquiry is upon the moving party's reasons for seeking modification.” Id.

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It appears that shortly after the trial confirmation hearing, plaintiff realized he had

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inadvertently omitted key exhibits during the exhibit exchange, and that other documents were

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not included in the court’s pretrial order. Plaintiff avers that copies of the newly submitted

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exhibits have been provided to counsel for defendants.

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Good cause appearing, plaintiff’s motion to amend the pretrial order is granted.

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Plaintiff’s exhibit list and discovery documents identified in the November 20, 2012 pretrial

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order (dkt. no. 194 at 6-8 & 9-11) are amended to reflect the list of trial exhibits submitted by

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plaintiff on April 29, 2013 (dkt. no. 220). The Clerk of the Court is directed to attach to this

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order the following pages from plaintiff’s April 29, 2013 filing (dkt. no. 220): pages 2, 3, 5 & 6.

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These pages identify the exhibits and discovery documents plaintiff seeks to admit at trial.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motions to amend the pretrial order (dkt. nos. 212 & 213) are

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granted;

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2. The Clerk of the Court is directed to attach to this order the following pages

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from plaintiff’s April 29, 2013 filing (dkt. no. 220), pages 2, 3, 5 & 6; and

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3. The documents appended to this order identify the exhibits and discovery

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documents plaintiff seeks to admit at trial.

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DATED: May 13, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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