Proctor v. Van Horn et al

Filing 168

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 2/5/2016, granting Plaintiff's 163 Motion. Defendants' counsel shall add a "clean" copy of the VanHorn declaration to the court's and parties' exhibit binders. (Copies have been distributed pursuant to the NEF - KR) (Main Document 168 replaced on 2/5/2016; NEF regenerated) (KR).

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

CHARLES JUAN PROCTOR,

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

3:12-cv-00328-MMD-WGC
MINUTES OF THE COURT
February 5, 2016

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 add the Declaration of John K. VanHorn as a trial
exhibit. (ECF No. 163.) Plaintiff submits the VanHorn declaration which accompanied Defendants’
motion for summary judgment (ECF No. 89-8). Plaintiff states his failure to submit the declaration
with the proposed Pre-Trial Order was an oversight. He represent he would use the declaration “to
make sure Dr. VanHorn stands by what he was sworn to in writing.” (ECF No. 163 at 3.)
Defendants have responded. Defendants suggest the exhibit should be added to the third
section of the Joint Pre-Trial Order along with other exhibits which “have not been stipulated to as
authentic and admissible.” (ECF NO. 167 at 1-2.)
The court does not understand Defendants’ objection as to the authenticity of an exhibit
Defendants previously submitted to the court in support of Defendants’ motion for summary
judgment. Nevertheless, the court will allow Defendants to voice such an objection for the time
being.
Plaintiff’s motion (ECF No. 163) is granted. The VanHorn declaration will be added to
§ VII (3) of the Joint Pre-Trial Order as next in line, i.e., No. 32. Defendants’ counsel shall add a
copy of the VanHorn declaration, preferably a “clean” copy, to the court’s and parties’ exhibit
binders.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk