O'Neal v. Johnson et al
Filing
197
ORDER signed by Magistrate Judge Deborah Barnes on 9/20/2017 VACATING the hearing on 195 Motion in Limine; ORDERING the plaintiff to re-notice said motion for hearing on an available law and motion calendar or to re-file the Motion in Limine, without noticing it for hearing, at least two weeks prior to the start of trial. (Michel, G.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SEAN O’NEAL,
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Plaintiff,
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No. 2:14-cv-2374 DB PS
v.
ORDER
AUGUST JOHNSON, et al.,
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Defendants.
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This matter was previously set for a jury trial before the undersigned on September 25,
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2017. On September 15, 2017, plaintiff filed a notice of motion in limine, and noticed the motion
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for hearing before the undersigned on September 25, 2017. 1 (ECF No. 195.) However, on
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September 11, 2017, the jury trial in this action was continued to December 4, 2017. (ECF No.
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192.) And September 25, 2017, is not an available law and motion date. Moreover, the August 1,
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2017 Final Pretrial Order required only that any motion in limine be filed “no later than
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fourteen days prior to the start of trial . . . .” (ECF No. 181 at 4.) In this regard, motions in
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limine need not be noticed for hearing.
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The parties have consented to Magistrate Judge jurisdiction over this action pursuant to 28
U.S.C. § 636(c)(1). (ECF No. 16.)
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Accordingly, IT IS HEREBY ORDERED that:
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1. The September 25, 2017 hearing of plaintiff’s motion in limine is vacated; and
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2. Plaintiff shall either re-notice the motion for hearing on an available law and motion
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calendar or refile the motion in limine, without noticing it for hearing, at least two weeks prior to
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the start of trial on December 4, 2017.
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DATED: September 20, 2017
/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE
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DLB:6
DB\orders\orders.consent\o’neal2374.limine.ord
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