Ordonez v. National Railroad Passenger Corporation

Filing 23

ORDER AFTER FINAL PRETRIAL CONFERENCE. Bench Trial set for 4/30/2012 09:30 AM before Magistrate Judge Maria-Elena James. Final Pretrial Conference set for 4/26/2012 10:00 AM in Courtroom B, 15th Floor, San Francisco.. Signed by Judge Maria-Elena James on 3/15/2012. (cdnS, COURT STAFF) (Filed on 3/15/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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NESTOR ANTONIO ORDONEZ,

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Plaintiff,

No. CV10-05754 MEJ

v.
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NATIONAL PASSENGER RAILROAD
CORP.,

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ORDER AFTER
PRETRIAL CONFERENCE

Defendant.
_____________________________________/

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1. The date for this bench trial is continued from April 16, 2012 to April 30, 2012 at 9:30

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Following the pretrial conference in this matter, the Court hereby orders as follows:

a.m. The final pretrial conference is continued from April 12, 2012 to April 26, 2012 at 10:00 a.m.

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2. Plaintiff did not file any opposition to Defendant’s motions in limine and confirmed at the

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pretrial conference that he was not contesting either motion. Accordingly, both of Defendant’s

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motions in limine (Dkt. Nos. 17 and 18) are GRANTED. Plaintiff’s negligence claim is hereby

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limited to only the theory that was previously disclosed: Defendant was negligent in operating and

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maintaining the train. See Dkt. No. 17 at 2 (explaining that Plaintiff’s response to an interrogatory

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inquiring about his negligence claim only provided as follows: “Amtrak’s engineer Raymond Javier

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was negligent in not paying reasonable attention to the crossing where the accident occurred”).

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3. Pursuant to the parties’ agreement at the pretrial conference, the liability and damages

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portion of the trial are bifurcated. Thus, Plaintiff’s case-in-chief is now limited to only his

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own testimony. Dr. Graves and Dr. Dell will only be called as witnesses if the Court finds that

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Defendant was negligent.

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IT IS SO ORDERED.

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Dated: March 15, 2012
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Maria-Elena James
Chief United States Magistrate Judge