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