Proctor v. Van Horn et al

Filing 176

ORDER denying without prejudice # 175 Motion re exhibits. Signed by Magistrate Judge William G. Cobb on 3/1/2016. (Copies have been distributed pursuant to the NEF - DRM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

CHARLES JUAN PROCTOR,

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

3:12-cv-00328-MMD-WGC
MINUTES OF THE COURT
March 1, 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 Concerning Exhibits That are Authentic, But Not
Admissible.” (ECF No. 175.) Plaintiff’s appears to be arguing that certain documents listed under
§ VII (2) of the Joint Pre-Trial Order (ECF No. 165 at 8), characterized as being stipulated as to their
authenticity – but objected to (by Defendants) as to admissibility – should be identified “as
admissible.” (ECF No. 175 at 3.)
The reason why the documents Plaintiff references were not identified as being admissible
when the parties filed their proposed Joint Pre-Trial Order (ECF No. 162) is because Defendants
were not then amenable to stipulating to their admissibility. It was not because of any “major
mistake” Plaintiff made, as he suggests. (ECF No. 175 at 2.) It was part of the typical document
evaluation parties will go through when identifying exhibits which might be utilized at trial are
stipulated as to both authenticity and admissibility (§ VII (1)), which documents are stipulated as to
authenticity but as to which parties do not agree as to their admissibility (§ VII (2)), and those as to
which a party objects on the grounds of both authenticity and admissibility.
Thus, Plaintiff may submit the § VII (2) exhibits at trial without having to address their
authenticity, and the court will at that time address their admissibility.
Plaintiff’s motion is denied without prejudice to be able to offer the § VII (2) exhibits at
trial.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

/s/
Deputy Clerk