The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
On November 20, 2012, the undersigned issued the pretrial order. On February 25, 2013, plaintiff filed an untimely motion for modification of the pretrial order, and a motion for reconsideration of the pretrial order, claiming that he inadvertently omitted exhibits from the exhibit list contained in the pretrial order. Defendants have not filed an opposition.
At the January 14, 2013 trial confirmation hearing, jury trial was continued to July 9, 2013.
Plaintiff claims he wishes to amend the exhibit list exchanged at the trial confirmation hearing, for a total of 36 exhibits. (Dkt. No. 212 at 3.) However, if the court added the items numbered 1 through 14 listed in the motion for modification, to the 19 exhibits listed in the pretrial order, the number of exhibits does not total 36. The motion is similarly confusing because plaintiff included a separate list of exhibits after his conclusion, marked "Notes," which lists eight exhibits, some of which are included in the pretrial order, and some of which are not. (Dkt. No. 212 at 7.) It appears that plaintiff wishes to add his exhibits numbered 37 - 43, but adding seven exhibits to the 19 listed, also does not total 36. Before the court can determine whether plaintiff should be allowed to amend his exhibit list, the court must have one, complete exhibit list to present to the district court, which the court and the parties will use at trial. This list must be a simple description of the item, without explanation of how it was previously filed with the court, or why plaintiff now seeks to have it admitted. Plaintiff may, if he wishes, include a parenthetical number referencing plaintiff's prior numbering sequence, for example, "(PX 23)."*fn1 But plaintiff should retain the numbering sequence set forth in the pretrial order.
To assist plaintiff in this regard, the undersigned appended the exhibit list and list of discovery documents from the pretrial order to this order. Plaintiff should simply cross out any items he does not wish to admit (if any), and insert items he now wishes to add. Plaintiff should follow the identification pattern used by the court.
Plaintiff does not need to file copies of the exhibits. No further argument or explanation is required. Once plaintiff files the complete lists, defendants are granted seven days in which to file an opposition, if any, to plaintiff's motion to amend his exhibit list.
Finally, on February 26, 2013, plaintiff filed a request for clarification as to whether he is allowed to subpoena both Michael Soares and Dr. A. Traquina as witnesses for trial. As noted in the pretrial order, both Michael Soares and Dr. Traquina are listed as witnesses for plaintiff. Therefore, plaintiff is entitled to subpoena both witnesses, which is why the court clerk issued plaintiff two subpoena forms.
Accordingly, IT IS HEREBY ORDERED that:
1. Within thirty days from the date of this order, plaintiff shall complete the attached notice of submission of documents form, along with the attached exhibit list and list of discovery documents, and file it with the court; and
2. Seven days thereafter, defendants may file objections, if any, to plaintiff's motion to amend his exhibit list.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:09-cv-0826 GEB KJN P
ARTHUR CARR, Plaintiff, v. H. HER, et al., Defendants.
NOTICE OF SUBMISSION / OF DOCUMENTS
Plaintiff hereby submits the following documents in compliance with the ...