Drake v. Jones et al

Filing 128

ORDER appointing Ms. Amy Jowers, Esq. as counsel for plaintiff for the purpose of conducting trial only. Signed by Honorable Joseph F Anderson, Jr on 08/03/2010. (Attachments: # 1 Pretrial Order (ECF No. 118 ), # 2 Order Amending Pretrial Order (ECF No. 127 ))(bshr, )

D r a k e v. Jones et al

D o c . 128 Att. 1

U N I T E D STATES DISTRICT COURT D IS T R IC T OF SOUTH CAROLINA

H o b a rt P. Drake,

) ) P l a in tif f , ) v. ) ) S g t. Scott Jones; Sgt. Brian Taylor; ) O ff icer Natasha Alston; Officer Harry ) P e re z ; Two Officers as John Doe, et al.; ) o f f ic ia l and individual capacity, ) ) D e f e n d a n ts . ) _________________________________ )

C /A No. 6:09-908-JFA-WMC

P R E T R IA L ORDER

T h i s matter came before the court for a final pretrial conference on June 15, 2010. P r io r to the conference, the court entered an order apprising the parties that it expected the p a rties to attend the pretrial conference prepared to fully disclose all witnesses and exhibits to be used during the trial of this case. As a result of discussions and concessions made d u rin g the pretrial conference, which was conducted in the courtroom on the record, the court h e r e b y orders as follows: P la in tiff's Witnesses T h e plaintiff's witnesses shall consist of the following: (1) Hobart P. Drake, Jr., p lain tiff ; (2) Anthony Joe, Inmate #268638, Perry Correctional Institution--eyewitness to the incident in question who has given a declaration; (3) Christopher Bullard, #284386, Perry C o rr e c t io n a l Institution--eyewitness to the event who has given a declaration; and (4) D e m p s e y D. Howard, R.N., Lieber Correctional Institution--nurse who treated plaintiff.

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P la i n tiff' s Exhibits Plaintiff's exhibits will include all documents that are relevant and admissible c o n ta in e d within the plaintiff's medical file at Lieber Correctional Institution. D e fe n d a n ts ' Witnesses T h e defendants' witnesses shall include (1) Scott Jones--defendant; (2) Sgt. Bryan T a ylor-- defen d an t; (3) Natasha Alston--defendant; (4) Officer Harry Perez--defendant; (5) S e rg e a n t Patrice Brown--eyewitness to the event; (6) Dr. Robert Stewart Eads--expert on p la in tif f 's injuries; and (6) any medical providers whose identities are disclosed by the p la in tif f 's medical file which is to be produced pursuant to a court order, to the extent that th e testimony of these witnesses is relevant and admissible. D e fe n d a n ts ' Exhibits The defendants' exhibits shall include (1) all documents contained within the p l a in t if f ' s medical records file from Lieber Correctional Institution, to the extent those re c o rd s are relevant and admissible; and (2) a map or drawing of B-Wing of Lieber C o rre c tio n a l Institution to be used for illustrative purposes only. D iv is io n a l Venue Because the defendants declined to have this case tried in the Columbia Division, the c o u rt will try this case in the Charleston Federal Courthouse in Charleston, South Carolina, w ith jury selection to be conducted on Tuesday, September 21, 2010 and trial to commence im m ed iatel y following jury selection. The parties estimate that it will take approximately one d a y to try this case.

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T r a n sp o r ta tio n of Plaintiff to Trial T h e Court will enter an order requiring the South Carolina Department of Corrections to transport the pro se plaintiff and his two inmate witnesses named above to the Charleston f e d e ra l courthouse for trial. M o d ific a tio n s to this Pretrial Order Given that the parties were fully apprised of their obligation to come to the pretrial co n fe ren ce prepared to fully discuss all aspects of this case, changes to this Pretrial Order, sp e c if ica lly including, but not limited to, new witnesses or new exhibits, will be allowed only u p o n a showing of exceptional circumstances. T h is pretrial order resolves all of the motions that have been filed in this case and the C le rk is hereby authorized to mark all pending motions on the docket as "moot." IT IS SO ORDERED.

Ju n e 16, 2010 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge

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