Freeman v. Barnhart et al
Filing
144
ORDER re Pretrial Issues. Signed by Judge Jeffrey S. White on November 25, 2008. (jswlc1, COURT STAFF) (Filed on 11/25/2008)
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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA KIMBERLY FREEMAN, Plaintiff, v. MICHAEL J. ASTRUE, Defendant. / ORDER RE PRETRIAL ISSUES No. C 06-04900 JSW
United States District Court
11
For the Northern District of California
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The Court has received the parties' statement regarding remaining pretrial issues and orders as follows: (1) The parties shall file, and provide in Word Perfect on a CD to chambers by no
later than 9:30 a.m. on December 1, 2008, the proposed clarifying instruction they seek to have given to the jury; (2) Vicky Currey shall appear as a witness on December 10, 2008 and shall continue
to appear, if necessary, on December 11, 2008; (3) Plaintiff shall meet and confer with Defendant regarding the availability of Peter
Spencer to testify and shall send a subpoena to Mr. Spencer to appear on such available date; (4) Plaintiff identified Janice Cambell, Charlie Estudillo, and Scott Incardona in her
witness list submitted with the parties' pretrial submissions. Defendant failed to file a motion in limine to exclude these witnesses and, thus, waived the ability to move to exclude them based on Plaintiff's alleged failure properly to disclose them. Defendant failed to list Steve Korn in
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his witness list submitted with the parties' pretrial submissions and thus is precluded from calling Mr. Korn as a witness at trial; (5) (6) Sally White may testify outside of the presence of the jury; and The parties shall provide a copy of their proposed special verdict forms in Word
Perfect on a CD to chambers by no later than 9:30 a.m. on December 1, 2008. IT IS SO ORDERED.
Dated: November 25, 2008
JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE
United States District Court
11
For the Northern District of California
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