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Nestor Antonio Ordonez v. National Passenger Railroad Corp

UNITED STATES DISTRICT COURT Northern District of California


March 19, 2012

NESTOR ANTONIO ORDONEZ, PLAINTIFF,
v.
NATIONAL PASSENGER RAILROAD CORP.,
DEFENDANT.

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

ORDER REQUIRING PLAINTIFF TO FILE AMENDED TRIAL BRIEF

For the Northern District of California For the Northern District of California 15 crossing gates never descended at the intersection in question." Dkt. No. 21 at 2. This theory of D 16 liability, however, was precluded by the Court when it granted Defendant's motions in limine, which Plaintiff's trial brief, filed on March 14, 2012, provides that Defendant caused the accident in C 14 this matter because the "the crossing lights never flashed, the crossing bells never rang and the Plaintiff did not oppose. Dkt. No. 23. It is hereby ordered that Plaintiff must file an amended trial 18 brief that specifically explains what admissible evidence he will present to prove that Defendant was 19 negligent in causing the accident at issue. If Plaintiff's theory of liability is based on the excessive 20 speed of the train or the conductor's failure to stop or slow down the train, Plaintiff must specifically 21 address the arguments raised by Defendant in its trial brief. See Dkt. No. 26 at 5-9. Plaintiff's 22 amended trial brief must be filed by Wednesday, March 21, 2012. 23 IT IS SO ORDERED.

20120319

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