Davis v. Prison Health Services, Inc. et al

Filing 145

ORDER RE: IN LIMINE MOTIONS (SI, COURT STAFF) (Filed on 11/9/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FREDDIE M. DAVIS,

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United States District Court
For the Northern District of California

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No. C 09-2629 SI

Plaintiff,

ORDER RE: IN LIMINE MOTIONS

v.

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PRISON HEALTH SERVICES, ET AL.,

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Defendant.

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Defendant has filed motion in limine no. 2 to “preclude reference to the amount of and rationale

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for the settlement between plaintiff and the PHS defendants.” Plaintiff has filed a statement of non-

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opposition to that motion. Accordingly, the Court GRANTS defendant’s motion in limine no 2. Docket

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No. 139.

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The Court’s October 6, 2011 final pretrial order reserved judgment on defendant’s motion in

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limine no. B regarding the NLRB charges against PHS. After further review of the parties’ arguments

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and Plummer v. Western Int’l Hotels Co., Inc., 656 F.2d 502 (9th Cir. 1981), the Court rules as follows:

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the NLRB probable cause charges against PHS are relevant and admissible provided that plaintiff first

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introduces evidence showing that defendants acted in concert with PHS to violate plaintiff’s First

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Amendment and other civil rights.

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IT IS SO ORDERED.

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Dated: November 9, 2011
SUSAN ILLSTON
United States District Judge