Gurshin v. Bank of America, N.A.

Filing 101

ORDER Clarifying 93 Minute Order. The 97 Motion to Amend/Correct is GRANTED to the extent that this order clarifies the meaning of the sentence at issue. Signed by Magistrate Judge Cam Ferenbach on 8/17/16. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ALEXIS GURSHIN,
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Plaintiff,
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vs.
BANK OF AMERICA, NATIONAL
ASSOCIATION,

2:15-cv-00323-GMN-VCF
ORDER CLARIFYING MINUTE ORDER
ECF NO. 93

Defendant.
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Before the Court is Plaintiff's Request for Correction of Court Minute Order (ECF No. 97).
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On July 26, 2016, the court held a hearing addressing a number of discovery issues and entered a
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detailed minute order. (ECF No. 93). On August 9, 2016, Plaintiff filed a “Request for Correction of
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Court Minute Order (ECF N0. 93), which is entered on the Docket as Motion to Amend/Correct Minute
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Order (ECF No. 93). At issues is asentence in the first line of the second paragraph, “The court will
not allow the plaintiff to provide pictures to the jury.”

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Should this case go to trial, the trial judge has complete control over what evidence is presented to
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the jury. Consistent, with FED. R. CIV. P. 54(b), “[a]ny order or other decision, however designated, that
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adjudicates fewer than all claims or the rights and liabilities of fewer than all the parties . . . may be revised
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at any time before entry of a judgment adjudicating all the claims and all the parties’ rights and liabilities.”
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My comments regarding showing pictures of the workplace to the jury were made in the context of
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encouraging the parties to work toward a stipulation regarding plaintiff’s workplace setting, which could
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include an agreement by defendant not to introduce photographs or diagrams to rebut the agreed
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characterization of the workplace setting. Absent such a stipulation, the trial judge will decide the
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admissibility of photographs, diagrams or any other evidence proffered, subject to objections based on the
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Rules of Evidence and Civil Procedure. The sentence at issue in ECF No. 93 in no way inhibits Chief

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Judge Navarro’s discretion to admit or exclude evidence at trial.

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Accordingly, the Motion to Amend/Correct Minute Order (ECF No. 93); ECF No. 97; is
GRANTED to the extent that this order clarifies the meaning of the sentence at issue.
DATED this 17th day of August, 2016.

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_________________________
CAM FERENBACH
UNITED STATES MAGISTRATE JUDGE