Proctor v. Van Horn et al

Filing 155

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 12/15/2015, denying 154 Motion Concerning Individual Pretrial Order. Hearing re Joint Pretrial Order set for 12/17/2015 at 10:00 AM in Reno Courtroom 2 before Magistrate Judge William G. Cobb. The Office of the Attorney General shall arrange for the Plaintiff to be present by telephone and shall contact the courtroom administrator, Katie Lynn Ogden, at [phone] or [e-mail] rts.gov, at least two (2) days prior to the hearing to advise her of the number where Plaintiff may be reached at the time of the hearing. Counsel for Defendants shall submit a copy of the most recent draft Joint Pretrial Order to the court in advance of the hearing. (Copies have been distributed pursuant to the NEF - JC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

CHARLES JUAN PROCTOR,

)
)
Plaintiff,
)
vs.
)
)
DR. VAN HORN, et al.,
)
)
Defendants
)
___________________________________ )

3:12-cv-00328-WGC
MINUTES OF THE COURT
December 15, 2015

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK:

KATIE LYNN OGDEN REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Plaintiff’s Motion to the Court Concerning Individual Pretrial Order.
(ECF No. 154.) Plaintiff states the second proposed JPTO sent to him by Defendants is almost
identical to the first one with the exception of the type of trial to take place. Plaintiff claims he did
not understand much of the first JPTO sent to him and what he did understand, he disagreed with.
He states “why would I be willing to sign a (JPTO) that is more harmful to me than helpful.” (Id.,
at 1.) Plaintiff therefore seeks an order of court that he be allowed to prepare his own individual
Joint Pretrial Order (JPTO). The court will not accept separate pre-trial orders; as required by Local
Rule 16-3(c), the Pre-Trial Order is to be a joint submission.1
An expedited hearing concerning this matter has been set for Thursday, December 17, 2015
at 10:00 a.m., in Reno Courtroom 2 before Magistrate Judge William G. Cobb. The Office of the
Attorney General shall arrange for the Plaintiff to be present by telephone and shall contact the
courtroom administrator, Katie Lynn Ogden, at [phone] or [e-mail],
at least two (2) days prior to the hearing to advise her of the number where Plaintiff may be reached
at the time of the hearing. Counsel for Defendants shall submit a copy of the most recent draft Joint
Pretrial Order to the court in advance of the hearing.
Plaintiff’s motion (ECF No. 154) is DENIED.
///

1

An extract of Local Rules 16-3 and 16-4 is attached to this order.

MINUTES OF THE COURT
3:12-cv-00328-WGC
Date: December 15, 2015
Page 2
Last, attached to Plaintiff’s motion is a “Change of Address” noting that Plaintiff will be
transferred to Lovelock Correctional Center on “January 15, 2015” (sic). (ECF No. 154 at 4.) The
court cannot accept prospective changes of addresses. Plaintiff shall file a new Notice of Change
of Address once he has been transferred.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk

LR 16-3. PRETRIAL ORDER, MOTIONS IN LIMINE, AND TRIAL SETTING.
(a) The scheduling order may set the date for submitting the joint pretrial order, if required by the
Court.
(b) Unless otherwise ordered by the Court, motions in limine are due thirty (30) days prior to trial.
Oppositions shall be filed and served and the motion submitted for decision fourteen (14) days
thereafter. Replies will be allowed only with leave of the Court.
(c) Upon the initiative of counsel for plaintiff, counsel who will try the case and who are authorized
to make binding stipulations shall personally discuss settlement and prepare and lodge with the
Court a proposed joint pretrial order containing the following:
(1) A concise statement of the nature of the action and the contentions of the parties;
(2) A statement as to the jurisdiction of the Court with specific legal citations;
(3) A statement of all uncontested facts deemed material in the action;
(4) A statement of the contested issues of fact in the case as agreed upon by the parties;
(5) A statement of the contested issues of law in the case as agreed upon by the parties;
(6) Plaintiff’s statement of any other issues of fact or law deemed to be material;
(7) Defendant’s statement of any other issues of fact or law deemed to be material;
(8) Lists or schedules of all exhibits that will be offered in evidence by the parties at the trial.
Such lists or schedules shall describe the exhibits sufficiently for ready identification and:
(A) Identify the exhibits the parties agree can be admitted at trial; and,
(B) List those exhibits to which objection is made and state the grounds therefore.
Stipulations as to admissibility, authenticity and/or identification of documents shall be
made whenever possible;
(9) A statement by each party identifying any depositions intended to be offered at the trial,
except for impeachment purposes, and designating the portions of the deposition to be
offered;
(10) A statement of the objections, and the grounds therefore, to deposition testimony the
opposing party has designated;
(11) A list of witnesses, with their addresses, who may be called at the trial. Such list may not
include witnesses whose identities were not, but should have been revealed in response to
permitted discovery unless the Court, for good cause and on such conditions as are just,
otherwise orders; and,
(12) A list of motions in limine filed, if any.
(d) Except when offered for impeachment purposes, no exhibit shall be received and no witnesses
shall be permitted to testify at the trial unless listed in the pretrial order. However, for good cause
shown, the Court may allow an exception to this provision.

LR 16-4. FORM OF PRETRIAL ORDER.
Unless otherwise ordered, the pretrial order shall be in the following form: