DIAZ v. BODNAY et al

Filing 43

ORDER THAT MOTION IN LIMINE DUE BY 3/18/2013., PLAINTIFF PRETRIAL MEMO DUE BY 4/1/2013., DEFENDANT PRETRIAL MEMO DUE BY 4/1/2013., TRIAL DATE IS SET FOR 4/15/2013 AT 10:00 A.M. IN COURTROOM 4-A BEFORE HONORABLE THOMAS N. ONEILL JR..SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 2/4/13. 2/4/13 ENTERED AND COPIES E-MAILED. (jpd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ISRAEL DIAZ
v.
SERGEANT WILLIAM ABERTS
OFFICER RODNEY SIMIONE

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ORDER

CIVIL ACTION
NO. 10-5939

AND NOW this 4th day of February, 2013, upon consideration of defendants Sergeant
William Aberts and Officer Rodney Simione’s motion for summary judgment (Dkt. No. 37),
plaintiff Israel Diaz’s response thereto (Dkt. No. 38), and defendants’ reply in support of their
motion (Dkt. No. 39) it is ORDERED that defendants motion is DENIED.
It is further ORDERED that
1) This matter is listed for trial to commence on Monday, April 15, 2013 at 10:00
AM in Courtroom 4A of the United States Courthouse, 601 Market Street,
Philadelphia, Pennsylvania.
2) Motions in limine or other matters requiring the Court’s attention, if any, are to be
filed no later than March 18, 2013. Responses to any such motions shall be filed
on or before April 1, 2013; and
3) Pretrial memoranda, points for charge and verdict sheets should be filed no later
than April 1, 2013.
If the parties believe a settlement conference would be productive they should contact my
deputy Mr. Charles Ervin (267-299-7559) promptly.

_/s/ Thomas N. O’Neill______
THOMAS N. O’NEILL, JR., J.