Ordonez v. National Railroad Passenger Corporation

Filing 27

ORDER REQUIRING PLAINTIFF TO FILE AMENDED TRIAL BRIEF. Signed by Judge Maria-Elena James on 3/19/2012. (cdnS, COURT STAFF) (Filed on 3/19/2012)

Download PDF
1 2 3 UNITED STATES DISTRICT COURT 4 Northern District of California 5 6 NESTOR ANTONIO ORDONEZ, Plaintiff, 7 No. CV10-5754 MEJ v. 8 9 10 NATIONAL PASSENGER RAILROAD CORP., ORDER REQUIRING PLAINTIFF TO FILE AMENDED TRIAL BRIEF Defendant. _____________________________________/ 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 Plaintiff’s trial brief, filed on March 14, 2012, provides that Defendant caused the accident in 14 this matter because the “the crossing lights never flashed, the crossing bells never rang and the 15 crossing gates never descended at the intersection in question.” Dkt. No. 21 at 2. This theory of 16 liability, however, was precluded by the Court when it granted Defendant’s motions in limine, which 17 Plaintiff did not oppose. Dkt. No. 23. It is hereby ordered that Plaintiff must file an amended trial 18 brief that specifically explains what admissible evidence he will present to prove that Defendant was 19 negligent in causing the accident at issue. If Plaintiff’s theory of liability is based on the excessive 20 speed of the train or the conductor’s failure to stop or slow down the train, Plaintiff must specifically 21 address the arguments raised by Defendant in its trial brief. See Dkt. No. 26 at 5-9. Plaintiff’s 22 amended trial brief must be filed by Wednesday, March 21, 2012. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: March 19, 2012 _______________________________ Maria-Elena James Chief United States Magistrate Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?