Bostick v. Sheriff of Orange County, Florida Sheriffs Office et al

Filing 62

ORDER terminating 52 Motion ; denying 53 Motion ; granting in part and denying in part 54 Motion to Strike. Signed by Judge Roy B. Dalton, Jr. on 3/23/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
TYRONE BOSTICK,
Plaintiff,
v.

Case No. 6:15-cv-1533-Orl-37GJK

DEPUTY LATASHA MCGUIRE,
Defendant.
ORDER
This matter is before the Court on the following: (1) Amended Motion for Court
Order Permitting Orange County Sheriff Deputies to Enter Courthouse Wearing
Non-Lethal, Non-Weapon Field Gear Issued by the Orange County Sheriff’s Office
(Doc. 53), filed March 14, 2017; and (2) Plaintiff’s Motion to Strike Witnesses and Exhibits
Disclosed After Discovery Deadline (Doc. 54), filed March 14, 2017.
On March 15, 2017, the Court held a Final Pretrial Conference in this action and
ruled on pending motions from the bench. (See Doc. 59.) This Order is entered to further
memorialize such rulings. Accordingly, it is ORDERED AND ADJUDGED as follows:
1.

Amended Motion for Court Order Permitting Orange County Sheriff
Deputies to Enter Courthouse Wearing Non-Lethal, Non-Weapon Field
Gear Issued by the Orange County Sheriff Office (Doc. 53) is DENIED.

2.

Defendant is GRANTED leave to offer pictorial evidence of officer attire as
ordered at the Final Pretrial Conference.
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3.

Motion for Court Order Permitting Orange County Sheriff Deputies to
Enter Courthouse Wearing Non-Lethal, Non-Weapon Field Gear Issued by
the Orange County Sheriff Office (Doc. 52) is TERMINATED AS MOOT.

4.

Plaintiff’s Motion to Strike Witnesses and Exhibits Disclosed After
Discovery Deadline (Doc. 54) is GRANTED IN PART AND DENIED IN
PART in accordance with the Court’s ruling from the bench and as follows.
a.

The Motion to Strike (Doc. 54) is GRANTED IN PART as to Karl
Stephanz in that: (i) Defendant is PRECLUDED from calling Karl
Stephanz as a witness in her defense at the trial of this matter; but
(ii) subject to the Court’s ruling at trial—which is reserved—
Defendant is not precluded from calling Karl Stephanz for purposes
of impeachment on rebuttal.

b.

The Motion to Strike (Doc. 54) is DENIED AS MOOT as to the
remaining record custodian witnesses identified in Paragraphs 2
and 3 of the Motion to Strike.

c.

The Motion to Strike (Doc. 54) is GRANTED as to Defendant’s
Exhibit 22; however, Defendant is not precluded from offering into
evidence at trial the booking photo that resulted from Plaintiff’s
arrest in August 2011.

d.

The Motion to Strike (Doc. 54) is GRANTED IN PART as to the
remaining exhibits identified in Paragraph 4 of the Motion to Strike
in that: (i) Defendant is hereby PRECLUDED from offering such
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exhibits into evidence in her defense at the trial of this matter; but
(ii) subject to the Court’s rulings at trial—which are reserved—
Defendant is not precluded from offering such exhibits into evidence
for purposes of impeachment on rebuttal.
DONE AND ORDERED in Orlando, Florida, this 23d day of March, 2017.

Copies to:
Counsel of Record
Unrepresented Parties

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