Orr v. Brame, et al

Filing 100

STIPULATION and ORDER re matters related to trial 99 signed by Senior Judge William B. Shubb on 5/1/2015. (Kirksey Smith, K)

1
2
3
4
5
6
7

MICHAEL J. HADDAD (State Bar No. 189114)
JULIA SHERWIN (State Bar No. 189268)
GENEVIEVE K. GUERTIN (State Bar No. 262479)
T. KENNEDY HELM (State Bar No. 282319)
HADDAD & SHERWIN LLP
505 Seventeenth Street
Oakland, California 94612
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff
HARRISON LUTHER ORR

8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12
13
14

HARRISON LUTHER ORR,
Individually,
Plaintiff,
vs.

15
16
17
18

CALIFORNIA HIGHWAY PATROL, a
public entity; STATE OF CALIFORNIA,
a public entity; CALIFORNIA
HIGHWAY PATROL OFFICERS
BRAME, PLUMB, and DOES 1-10,
individually,

19
20

Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 2:14-cv-0585-WBS-EFB
TRIAL STIPULATIONS AND
(PROPOSED) ORDER

21
22
23
24
25
26
27
28

2:14-cv-0585-WBS-EFB: TRIAL STIPULATIONS AND (PROPOSED) ORDER

1
2
3
4
5

The parties in this case, by and through their counsel of record, hereby stipulate to the
following matters for trial:
1. All acts related to the investigation, arrest and custody of Plaintiff by Defendant
Officers Brame and Plumb were under color of law.
2. At all material times, Defendant Officers Brame and Plumb were employed by the

6

State of California, acting by and through Department of California Highway Patrol

7

(CHP), and were acting within the course and scope of that employment.

8
9
10
11
12

3. The CHP receives grants from the United States Government in the form of federal
funds.
4. Plaintiff will not require the testimony or appearance of CHP Commander Mieko
Epps at trial and neither side will call her as a witness at trial.
5. The November 18, 2014 declaration of CHP Sergeant Jeffrey Carlisle and the

13

policies to which it refers (the handcuffing procedures in Highway Patrol Manual

14

(HPM) 70.6 (Bates No. DOJ001451-DOJ001452 [redacted version]) and the

15

policies in HPM 100.69 (Annex D) (produced without Bates numbering)) shall be

16

admissible as evidence at trial.

17

6. All of Plaintiff Harrison Orr’s medical records subpoenaed by the parties from the

18

Sacramento Veterans Administration Medical Center, Mercy San Juan Medical

19

Center, Sacramento County Jail, and Sacramento Metropolitan Fire District are

20

genuine for purposes of Fed. R. Evid. 901, are business records/Records of a

21

Regularly Conducted Activity pursuant to Fed. R. Evid 803(6) and contain

22

statements made for the purpose of medical treatment pursuant to Fed. R. Evid.

23

803(4). All other objections to admissibility are reserved.

24

7. All records disclosed by the parties during discovery, including Rule 26 disclosures

25

are genuine for purposes of Fed. R. Evid. 901, including, but not limited to,

26

documents produced by Defendants pursuant to requests for production and all

27
28
2:14-cv-0585-WBS-EFB: TRIAL STIPULATIONS AND (PROPOSED) ORDER

1

1

documents produced by Plaintiff in his Rule 26 Initial Disclosure and Supplemental

2

Disclosure. All other objections are reserved.

3

8. All video recordings of Plaintiff at the Sacramento County Jail disclosed by any

4

party in this case, including video of Plaintiff’s booking at Sacramento County Jail

5

and incarceration in a holding cell, and all other records concerning Plaintiff from

6

the Sacramento County Jail disclosed by any party in this case, including the

7

recording marked as Exhibit T to Defendants’ Motion for Summary

8

Judgment/Partial Summary Judgment, are genuine for purposes of Fed. R. Evid.

9

901 and are business records/Records of a Regularly Conducted Activity pursuant

10

to Fed. R. Evid 803(6).

11

9. All records produced by Defendants pursuant to Plaintiff’s requests for production

12

of documents are business records/Records of a Regularly Conducted Activity

13

pursuant to Fed. R. Evid 803(6). All other objections to admissibility are reserved.

14

SO STIPULATED.

15

Dated: May 1, 2015

HADDAD & SHERWIN LLP

16
/s/ Michael J. Haddad___________
MICHAEL J. HADDAD
Attorneys for Plaintiff
HARRISON LUTHER ORR

17
18
19
20
21
22
23
24
25

Dated: May 1, 2015

KAMALA D. HARRIS
Attorney General of California
PETER A. MESHOT
Supervising Deputy Attorney General
/s/ Stephen C. Pass*______________
STEPHEN C. PASS
Deputy Attorney General
Attorney for Defendants
CALIFORNIA HIGHWAY PATROL, CHP
OFFICERS BRAME and PLUMB

26
* Mr. Pass provided his consent that this document be electronically filed.
27
28
2:14-cv-0585-WBS-EFB: TRIAL STIPULATIONS AND (PROPOSED) ORDER

2

1

ORDER

2
3

Pursuant to the stipulation of the parties, IT IS SO ORDERED.

4
5

Dated: May 1, 2015

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2:14-cv-0585-WBS-EFB: TRIAL STIPULATIONS AND (PROPOSED) ORDER