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.)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SEAN O’NEAL,

12

Plaintiff,

13
14

No. 2:14-cv-2374 DB PS

v.

ORDER

AUGUST JOHNSON, et al.,

15

Defendants.

16
This matter was previously set for a jury trial before the undersigned on September 25,

17
18

2017. On September 15, 2017, plaintiff filed a notice of motion in limine, and noticed the motion

19

for hearing before the undersigned on September 25, 2017. 1 (ECF No. 195.) However, on

20

September 11, 2017, the jury trial in this action was continued to December 4, 2017. (ECF No.

21

192.) And September 25, 2017, is not an available law and motion date. Moreover, the August 1,

22

2017 Final Pretrial Order required only that any motion in limine be filed “no later than

23

fourteen days prior to the start of trial . . . .” (ECF No. 181 at 4.) In this regard, motions in

24

limine need not be noticed for hearing.

25

////

26

////

27
28

1

The parties have consented to Magistrate Judge jurisdiction over this action pursuant to 28
U.S.C. § 636(c)(1). (ECF No. 16.)
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. The September 25, 2017 hearing of plaintiff’s motion in limine is vacated; and

3

2. Plaintiff shall either re-notice the motion for hearing on an available law and motion

4

calendar or refile the motion in limine, without noticing it for hearing, at least two weeks prior to

5

the start of trial on December 4, 2017.

6

DATED: September 20, 2017

/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

DLB:6
DB\orders\orders.consent\o’neal2374.limine.ord

24
25
26
27
28
2