Ortiz v. Reynolds et al

Filing 134

ORDER signed by Magistrate Judge Edmund F. Brennan on 6/23/16 ordering ( Jury Trial continued to 11/14/2016 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr.) (See order for further details.)(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSE B. ORTIZ,

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Plaintiff,

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No. 2:10-cv-1380-MCE-EFB P

v.

ORDER

J. REYNOLDS, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C. § 1983. He filed a motion seeking either an extension of time to file objections to the

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pretrial order or to continue the trial date, stating that he was transferred to a new prison in mid-

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January and had not yet received his legal property. ECF No. 129. The court directed defense

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counsel to inquire into the status of plaintiff’s legal property, ECF No. 131, and counsel

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submitted a response on June 6, 2016, stating that plaintiff had not been given that property until

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June 1, 2016 due to it having been erroneously shipped to the wrong facility. ECF No. 133.

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Because plaintiff was deprived of his legal property until recently and was therefore

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unable to properly prepare for the upcoming trial, his motion to continue the trial date is granted.

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He is also granted an extension of time to object to the pretrial order.

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Accordingly, it is hereby ORDERED that:

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1. The jury trial set for August 1, 2016 is hereby VACATED and RESET for November 14,

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2016, at 9 a.m. in Courtroom No. 7.

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2. Plaintiff shall have 21 days from the date of this order to file any objections to the Pretrial

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Order. The court will rule on any objections filed by plaintiff, as well as the objections

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filed by defendant (ECF No. 125) after that deadline has passed, except that:

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a. Defendant’s objection regarding the exhibits section of the pretrial order is moot in

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light of the May 17, 2016 Supplemental Pretrial Order (ECF No. 132) and is

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accordingly overruled; and

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b. Defendant’s objection regarding a proposed statement of the case is moot in light

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of the May 17, 2016 Supplemental Pretrial Order (ECF No. 132) and is

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accordingly overruled.

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3. The deadlines provided in the May 17, 2016 Supplemental Pretrial Order (ECF No. 132)

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are continued as follows:

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a. The following deadlines, previously set for July 11, 2016, are continued to October

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24, 2016:

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i. If available to the parties, the parties are required to file electronically a

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request to the Courtroom Deputy Clerk, Stephanie Deutsch, by October 24,

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2016, if they wish to reserve and arrange for orientation on the Court’s

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mobile audio/visual equipment for presentation of evidence.

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ii. Any evidentiary or procedural motions (“motions in limine”) shall be filed

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by October 24, 2016.

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b. The following deadlines, previously set for July 18, 2016, are continued to October

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31, 2016:

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i. The parties shall file their Witness Lists by October 31, 2016.

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ii. The parties shall exchange copies of all their exhibits and exhibit list by

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October 31, 2016.
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iii. Each party shall present the original and two (2) copies of the exhibit(s)

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and exhibit list to the Court Clerk’s Office by October 31, 2016. NO

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EXCEPTIONS.

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iv. The parties shall file with the Court and exchange between themselves by

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October 31, 2016 a statement designating portions of depositions intended

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to be offered or read into evidence (except portions to be used only for

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impeachment or rebuttal).

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v. The parties shall file with the court and exchange between themselves by

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October 31, 2016 the portions of Answers to Interrogatories which the

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respective parties intend to offer or read into evidence at the trial (except

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portions to be used only for impeachment or rebuttal).

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vi. The parties shall file a short, jointly-prepared statement concerning the

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nature of the case that will be read to the jury at the commencement of trial

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(NO EXCEPTIONS) by October 31, 2016.

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vii. The parties shall file a joint set of jury instructions, identified as the “Jury

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Instructions Without Objection” by October 31, 2016.

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viii. The parties shall file a joint verdict form(s) by October 31, 2016.

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ix. The parties shall submit proposed voir dire questions to the Court by

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October 31, 2016.

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x. The parties shall file trial briefs by October 31, 2016.

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xi. The parties shall file any oppositions to evidentiary or procedural motions

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(“motions in limine”) by October 31, 2016.

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xii. The parties shall email Stephanie Deutsch, Courtroom Deputy Clerk, at

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[e-mail], or call at [phone], by October 31,

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2016 to ascertain the status of the trial date.

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c. The following deadlines, previously set for July 25, 2016, are continued to

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November 7, 2016:
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i. Counsel for the defense shall electronically mail to the Court in digital

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format and compatible with Microsoft Word the proposed Witness Lists

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from both parties by November 7, 2016. These lists should be sent to

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[e-mail].

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ii. Counsel for the defense shall electronically mail to the Court in digital

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format and compatible with Microsoft Word, the proposed Exhibit Lists

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from both parties by November 7, 2016. These lists should be sent to

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[e-mail].

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iii. The parties shall file any replies to oppositions to evidentiary or procedural

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motions (“motions in limine”) by November 7, 2016.
So ordered.
DATED: June 23, 2016.

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