ROMERO v. FOLINO et al

Filing 126

ORDER OF COURT DENYING 120 Defendants' Joint Motion to Supplement Exhibit List. See Order for further details. Mailed to Pro Se Plaintiff this same day. Signed by Judge Arthur J. Schwab on 04/16/2014. (lcb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RICHARD ROMERO,
Plaintiff,

13v0691
ELECTRONICALLY FILED

v.
LOUIS FOLINO, JOHN MCANANY,
NEDRA GREGO, DR. BYUNGHAK JIN,
Defendants.
ORDER OF COURT RE: DEFENDANTS’ JOINT MOTION TO SUPPLEMENT
EXHIBIT LIST (DOC. NO. 120)
Presently before this Court is Defendants’ Joint Motion to Supplement Exhibit List in
which Defendants move this Court to permit sick call-out lists from the Restricted Housing Unit
to be presented at trial as Exhibit 24. Doc. No. 120. Defendants intend to present these call-out
lists to negate Plaintiff’s contention that he attempted to sign up for sick call on January 2 and
January 8, 2013. Defendants also intend to utilize sick call-out lists from other dates to show
that Plaintiff “has been able to access the sick call system for other problems, and his name
appears on the list when he does sign up for sick call.” Doc. No. 120, 1. Plaintiff opposes this
Motion. Doc. No. 121.
As this Court has held, the trial will focus on alleged deliberate indifference to Plaintiff’s
infection during the time alleged in the Complaint (January 2, 2013 to January 8, 2013).
Introducing sick call-out lists prior or after the relevant time period would create a mini-trial on
irrelevant issues and would confuse the jury. Further, as Plaintiff notes, he contends that the
Defendants “refused to process [his] sick calls.” Doc. No. 121, 1. Therefore, sick call-out lists
for January 2, 2013-January 8, 2013 are irrelevant to his claims.

AND NOW, this 16th day of April, 2014, IT IS HEREBY ORDERED THAT
Defendants’ Joint Motion to Supplement Exhibit List (Doc. No. 120) is DENIED.

s/ Arthur J. Schwab
Arthur J. Schwab
United States District Judge

cc:

All Registered ECF Counsel and Parties
Richard Romero
HZ0734
175 Progress Drive
Waynesburg, PA 15370