Morgan v. Napolitano

Filing 72

ORDER signed by Judge Lawrence K. Karlton on 4/9/2014 ORDERING the portion of the 70 Pretrial Order (Tentative) quoted in this order is AMENDED to read: "As to each exhibit, each party is ordered to exchange copies of the exhibit not later th an August 15, 2014. Each party is then granted fourteen (14) days to file with the court and serve on opposing counsel any objections to said exhibits"; the sentence at page 28, lines 5-6 of the Pretrial order (Tentative) is AMENDED to read: "The trial will be reassigned to another judge subsequent to August 30, 2014."(Waggoner, D)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN P. MORGAN,

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No.

CIV. S-12-1287 LKK/DAD

Plaintiff,
v.

ORDER

JEH JOHNSON, SECRETARY, U.S.
DEPARTMENT OF HOMELAND
SECURITY,
Defendant.

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The parties have jointly filed timely objections to the

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court’s Pretrial Order (Tentative), dated March 13, 2014. (ECF

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No. 70.) Specifically, they object to the portion of Section XI.B

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which provides:

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As to each exhibit, each party is ordered to
exchange copies of the exhibit not later than
fourteen (14) days from the date of this
Pretrial Order. Each party is then granted
fourteen (14) days to file with the court and
serve on opposing counsel any objections to
said exhibits. (Id. 19.)

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According to the parties, “There are literally thousands of pages

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of documents involved in the parties’ exhibits, including
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summaries and schedules that have not yet been prepared, and

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which cover years of plaintiff’s employment and many different

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EEO complaints.” (Objections ¶ 4, ECF No. 71.)1

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Trial is currently set for October 7, 2014. A settlement

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conference is scheduled before Magistrate Judge Brennan on May 8,

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2014. The parties wish to move the deadline for exchange of

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exhibits to August 2014.

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The parties also highlight the omission of the word “judge”

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from the sentence “The trial will be reassigned to another [sic]

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subsequent to August 30, 2014” in Section XXIV of the Pretrial

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Order.

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In light of the foregoing, the court hereby orders as
follows:

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[1] The portion of the Pretrial Order (Tentative) quoted

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above is hereby amended to read:

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As to each exhibit, each party is ordered to
exchange copies of the exhibit not later than
August 15, 2014. Each party is then granted
fourteen (14) days to file with the court and
serve on opposing counsel any objections to
said exhibits.

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[2] The sentence at page 28, lines 5-6 of the Pretrial Order

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(Tentative) is amended to read: “The trial will be

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reassigned to another judge subsequent to August 30, 2014.”

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IT IS SO ORDERED.

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DATED:

April 9, 2014.

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Whether the jurors will read thousands of pages has apparently not troubled
the attorneys at all.

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