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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mceorders@caed.uscourts.gov, or call at (916) 930-4207, 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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mceorders@caed.uscourts.gov.
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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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mceorders@caed.uscourts.gov.
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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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