Hubbard v. Hougland et al

Filing 188

ORDER signed by District Judge Troy L. Nunley on 11/2/2016 IT IS SO ORDERED The parties are ORDERED to exchange copies of any exhibits which have not already been provided to the opposing party by 5:00 PM on 11/7/2016; The Court will not permit any e xhibits to be admitted at trial that were not provided to the opposing party prior to 11/7/2016; Lastly, it is mandatory the parties shall file a short, jointly-prepared statement concerning the nature of this case that will be read to the jury at the commencement of trial (NO EXCEPTIONS); the statement must be filed with the Court by 5:00 PM on 11/11/2016.(Reader, L)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

DARRYL HUBBARD,

12

Plaintiff,

13
14

No. 2:09-cv-00939-TLN-AC

v.

ORDER

C.D. HOUGLAND, and D. MCBRIDE,

15

Defendants.

16
This matter is set for trial before the Court on November 14, 2016. Defendants C.D.

17
18

Hougland and D. McBride (jointly “Defendants”) filed Objections to Plaintiff’s Exhibits at Trial

19

(ECF No. 185). In their objections, Defendants proffer reasons — such as irrelevance,

20

inadmissible character evidence and inadmissible hearsay — why some of the exhibits are

21

inadmissible. (ECF No. 185 at 1.) The Court will not rule on the admissibility of the exhibits

22

prior to those exhibits being offered at trial. Should Defendant raise objections to exhibits at trial,

23

the Court will rule in a manner consistent with the Federal Rules of Evidence. However, the

24

Court will not speculate on admissibility prior to learning the reasons for potential admission at

25

trial.

26

Defendants also explain that Plaintiff Darryl Hubbard (“Plaintiff”) did not provide a copy

27

of all of the exhibits on Plaintiff’s list of proposed exhibits. (ECF No. 185 at 1.) The parties are

28

ordered to exchange copies of any exhibits which have not already been provided to the opposing
1

1

party by 5 p.m. on November 7, 2016. The Court will not permit any exhibits to be admitted at

2

trial that were not provided to the opposing party prior to November 7, 2016.

3

Lastly, it is mandatory the parties shall file a short, jointly-prepared statement concerning

4

the nature of this case that will be read to the jury at the commencement of trial (NO

5

EXCEPTIONS). The joint statement of the case shall include in plain concise language

6

Plaintiff’s claims and claims of other parties, if any, and any corresponding defenses to the

7

claims, if applicable. The purpose of the joint statement of the case is to inform the jury at the

8

outset, what the case is about. The statement must be filed with the Court by 5 p.m. on November

9

11, 2016.

10

IT IS SO ORDERED.

11
12

Dated: November 2, 2016

13
14
Troy L. Nunley
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2