Baker v. Perez et al

Filing 173

ORDER signed by Magistrate Judge Kendall J. Newman on 7/10/14 ORDERING that plaintiffs motion to supplement his witness list (ECF No. 165 ) is denied; Plaintiffs motion for sanctions (ECF No. 168 ) is denied; Litigation Coordinators Amrein, Kimbrell and Herrera are removed from the defense trial witness list contained in the pretrial order.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL BAKER,

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Plaintiff,

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No. 2: 09-cv-2757 MCE KJN P

v.

ORDER

PEREZ, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. This action is set for jury trial before the Honorable Morrison C. England

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on January 5, 2015. On April 16, 2014, the court issued a pretrial order. Pending are several

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motions filed in response to the pretrial order.

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Plaintiff’s Motion to Supplement Witness List (ECF No. 165)
On April 21, 2014, plaintiff filed a motion to supplement his witness list. (ECF No. 165.)

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This motion lists all of the witnesses identified in plaintiff’s pretrial statement and discussed in

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the pretrial order but for Nurse Barton and Debbie Arizmendi. Plaintiff’s supplemental witness

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list contains a description of the testimony of all proposed witnesses, incarcerated and

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unincarcerated. Plaintiff states that he did not understand that his original pretrial statement was

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required to contain this showing regarding his proposed unincarcerated witnesses.

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The November 6, 2013 further scheduling order (ECF No. 149) required plaintiff’s

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pretrial statement to contain a description of the testimony of his proposed incarcerated witnesses.

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This showing was not required for plaintiff’s proposed unincarcerated witnesses. For this reason,

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plaintiff’s motion to supplement his witness list is denied as unnecessary. If plaintiff does not

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intend to call witnesses listed in the pretrial order, he shall notify the court and defendants.

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Plaintiff’s Motion for Sanctions ECF No. 168)

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In the motion for sanctions filed June 11, 2014 (ECF No. 168), plaintiff alleges that

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defendant Medina’s pretrial statement lists many witnesses and exhibits that were not previously

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disclosed. Plaintiff alleges that several of these witnesses and exhibits should have been

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identified in response to plaintiff’s discovery requests. Plaintiff requests that defendant Medina

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be sanctioned for failing to disclose these witnesses and exhibits in response to his discovery

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requests. In particular, plaintiff requests that defendant Medina be prohibited from calling these

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witnesses and introducing these exhibits at trial.

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In his objections to plaintiff’s motion for sanctions (ECF No. 169), defendant Medina

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argues that plaintiff’s arguments in his motion for sanctions are more appropriately raised in a

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motion in limine. The undersigned agrees. Motions in limine must be filed seven days prior to

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trial. The jury trial is set for January 5, 2015. Because the jury trial is approximately six months

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away, plaintiff’s motion for sanctions is premature. Accordingly, plaintiff’s motion for sanctions

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is denied without prejudice.

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Defendant’s Objections to the Pretrial Order (ECF No. 166)

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Defendant Medina objects that three witnesses listed as defense witnesses in the pretrial

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order, i.e., Litigation Coordinators Amrein, Kimbrell and Herrera, were not intended to be

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defendant’s trial witnesses. Defendant states that these three persons were listed in defendant’s

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pretrial statement for the purpose of contacting defense trial witnesses. Defendant requests that

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these persons be removed from the defense trial witness list contained in the pretrial order.

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Good cause appearing, Litigation Coordinators Amrein, Kimbrell and Herrera are

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removed from the defense trial witness list contained in the pretrial order.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion to supplement his witness list (ECF No. 165) is denied;

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Plaintiff’s motion for sanctions (ECF No. 168) is denied;

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3. Litigation Coordinators Amrein, Kimbrell and Herrera are removed from the defense

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trial witness list contained in the pretrial order.
Dated: July 10, 2014

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Bak2757.cla

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