Jones v. County of Sacramento et al

Filing 89

ORDER signed by Judge William B. Shubb on 9/23/10: Application to modify final pretrial order is APPROVED. (Kaminski, H)

Jones v. County of Sacramento et al

Doc. 89

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LAW OFFICE OF STEWART KATZ STEWART KATZ, SBN 127425 GUY DANILOWITZ, SBN 257733 555 University Avenue, Suite 270 Sacramento, California 95825 Telephone: [phone] Attorneys for Plaintiff Drake S. Jones Longyear, O'Dea and Lavra, LLP John A. Lavra, SBN 114533 Jeri L. Pappone, SBN 210104 Amanda L. Butts, SBN 253651 3620 American River Drive, Suite 230 Sacramento, Ca. 95864 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DRAKE S. JONES, Plaintiff, vs. COUNTY OF SACRAMENTO et al., Defendants. _________________________________/

NO. 2:09-CV-01025-WBS-DAD APPLICATION AND [PROPOSED] ORDER TO MODIFY FINAL PRETRIAL ORDER

COME NOW THE PARTIES by and through their respective counsel and subject to the approval of this Court, hereby agree and stipulate to and respectfully request that the proposed modifications and/or amendments to the Final Pretrial Order described below be ordered.

APPLICATION AND [PROPOSED] ORDER TO MODIFY FINAL PRETRIAL ORDER

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The parties jointly request the Court make the modifications described below because plaintiff's counsel has been involved in a criminal jury trial for the past three weeks and does not anticipate that being completed until sometime next week. The parties understand that the court has started a lengthy criminal trial which will necessitate the trial date in this matter being moved. Additionally, in view of this, the parties don't believe this will cause any inconvenience to the Court. The parties are exploring the possibility of stipulating to having the matter tried before a Magistrate in order to get the matter to trial quicker and relieve court congestion. The parties' requested modifications are as follows: · That plaintiff's advisement to the court regarding whether he intends to

dismiss any additional claims, currently ordered to be completed by September 24, 2010, be completed by October 1, 2010; · That the statements designating all answers to interrogatories and all portions

of depositions intended to be offered or read into evidence, currently ordered to be filed by September 23, 2010, be filed by September 30, 2010; · That any counter-designation of other portions of the same depositions

intended to be offered or read into evidence and any evidentiary objections to any other parties' designation, currently ordered to be filed by October 1, 2010, be filed by October 8, 2010; · That any evidentiary objections to any other party's counter-designation,

currently ordered to be filed by October 6, 2010, be filed by October 13, 2010; · That copies of all jury instructions that plaintiff requests be given on

plaintiffs' claims, currently ordered to be lodged and served by September 28, 2010, be lodged and served by October 5, 2010; · That plaintiff's proposed form of verdict currently ordered to be filed and

served by September 28, 2010, be filed and served by October 5, 2010; · That defendants' objections to plaintiff's proposed jury instructions, currently

ordered filed and served by October 1, 2010, be filed and served by October 8, 2010;

APPLICATION AND [PROPOSED] ORDER TO MODIFY FINAL PRETRIAL ORDER

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That any jury instructions not already proposed by plaintiff which defendant

requests be given, currently ordered to be lodged and served by October 1, 2010, be lodged and served by October 8, 2010; · That defendants' proposed form of verdict and objections to plaintiff's

proposed form of verdict, currently ordered to be filed and served by October 1, 2010, be filed and served by October 8, 2010; · That plaintiff's objections to defendants' proposed instructions and proposed

form of verdict, currently ordered to be filed and served by October 6, 2010, be filed and served by October 13, 2010; · That all proposed jury voir dire questions, currently ordered to be submitted

by September 29, 2010, be submitted by October 6, 2010; · That trial briefs, including any motions in limine, currently ordered filed by

September 29, 2010, be filed by October 6, 2010; · That any oppositions to motions in limine, currently ordered filed by October

6, 2010, be filed by October 13, 2010; · That an exchange of exhibits, currently ordered to be completed by October

6, 2010, be completed by October 13, 2010; and · That any objections to exhibits, currently ordered filed and served by October

8, 2010, be filed and served by October 15, 2010.

IT IS SO STIPULATED Dated: September 23, 2010 LONGYEAR, O'DEA AND LAVRA, LLP By: /s/ John A. Lavra______________ John A. Lavra Jeri L. Pappone Amanda L. Butts Attorneys for Defendants

APPLICATION AND [PROPOSED] ORDER TO MODIFY FINAL PRETRIAL ORDER

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Dated: September 23, 2010

LAW OFFICE OF STEWART KATZ By /s/ Stewart Katz_______________ Stewart Katz Guy Danilowitz Attorneys for Plaintiff

IT IS SO ORDERED: Dated: September 23, 2010

APPLICATION AND [PROPOSED] ORDER TO MODIFY FINAL PRETRIAL ORDER

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