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Tyler v. Davis

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 25, 2010

ELONZA JESSE TYLER, PLAINTIFF,
v.
R. DAVIS, M.D., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER DENYING MOTION

(Doc. 103)

This matter is set for jury trial on October 27, 2010. On October 18, 2010, Plaintiff Elonza Jesse Tyler filed a motion seeking an order precluding Defendant Dennis Smith from litigating the issue of liability and limiting jury trial to the issue of damages only, pursuant to the doctrine of collateral estoppel. See Wolfson v. Brammer, 616 F.3d 1045, 1064 (9th Cir. 2010) (doctrine of collateral estoppel precludes the relitigation of facts and law conclusively determined in prior action).

The pretrial order, filed on September 14, 2010, controls this litigation, and sets forth the disputed and undisputed facts. Fed. R. Civ. P. 16(e); Local Rule 283(c). The pretrial order may only be modified upon a showing of manifest injustice, and the deadline for objection to the pretrial order, in whole or in part, was October 1, 2010. Fed. R. Civ. P. 16(e); Local Rule 283(c). The Court's previous denial of Defendant Smith's motion for summary judgment on the ground that he failed to meet his burden as the moving party provides no basis for the relief Plaintiff seeks and his motion is HEREBY DENIED.

IT IS SO ORDERED.

20101025

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