Washington v. Sandoval et al

Filing 235

ORDER RE: DEFENDANTS OBJECTIONS TO PLAINTIFFS EXHIBITS AND DEMONSTRATIVE FOR JULY 29, 2013. Signed by Judge Lucy H. Koh on July 26, 2013. (lhklc1, COURT STAFF) (Filed on 7/26/2013)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN JOSE DIVISION 11 JESSE WASHINGTON, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, v. D. SANDOVAL, Defendant. ) ) ) ) ) ) ) ) ) Case No.: 10-CV-250-LHK ORDER RE: DEFENDANT’S OBJECTIONS TO PLAINTIFF’S EXHIBITS AND DEMONSTRATIVE FOR JULY 29, 2013 Defendant has filed objections to Plaintiff’s proposed exhibits and one demonstrative for July 29, 2013. ECF No. 234. Plaintiff has filed responses to Defendant’s objections. ECF No. 231. Based on the parties’ submissions, the Court’s review of the disputed exhibits and demonstrative, the record in this case, and pursuant to Fed. R. Evid. 403 balancing, the Court rules as follows on Defendant’s objections: Plaintiff’s Exhibits Exh. 1 (Plaintiff’s Special Religious Diet Chrono/Cards from Pelican Bay State Prison)–DENIED. Exh. 2 (Plaintiff’s Special Religious Diet Chrono/Cards from Kern Valley State Prison)–DENIED. Exh. 7 (Inmate Appeals Re: Water Leak)–DENIED. Exh. 26 (Photographs of Cell 122 bates numbered AGO-432 through AGO-438)–DENIED. Exh. 88 (Inmate Appel Re: Water Leak)–DENIED. Exh. 135 (Salinas Valley State Prison Inmate Orientation Booklet August, 2005)–DENIED. Exh. 136 (Receipt)–This exhibit is not in the Joint Trial Exhibits delivered to the Court this morning. Moreover, the Parties’ Exhibit List with Objections states that Plaintiff has withdrawn this exhibit. Plaintiff also does not respond to Defendant’s objection.--DENIED as MOOT. Exh. 137 (Receipt)–This exhibit is not in the Joint Trial Exhibits delivered to the Court this 1 Case No.: 10-CV-250-LHK ORDER RE: DEFENDANT’S OBJECTIONS TO PLAINTIFF’S EXHIBITS AND DEMONSTRATIVE FOR JULY 29, 2013 1 2 3 morning. Moreover, the Parties’ Exhibit List with Objections states that Plaintiff has withdrawn this exhibit. Plaintiff also does not respond to Defendant’s objection.--DENIED as MOOT. Plaintiff’s Demonstratives Demonstrative 1A (June 10, 2008-August 4, 2008 Timeline, ECF No. 231-5)–DENIED. IT IS SO ORDERED. 4 Dated: July 26, 2013 _________________________________ LUCY H. KOH United States District Judge 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No.: 10-CV-250-LHK ORDER RE: DEFENDANT’S OBJECTIONS TO PLAINTIFF’S EXHIBITS AND DEMONSTRATIVE FOR JULY 29, 2013

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