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Uribe v. Babienco

United States District Court, N.D. California

July 21, 2016

CESAR URIBE, Plaintiff,
v.
PHILIP BABIENCO, Defendant.

          FINAL PRETRIAL ORDER

          WILLIAM ALSUP, UNITED STATES DISTRICT JUDGE

         For Good Cause and after a final pretrial conference, the following constitutes the final pretrial order and rulings on motions in limine:

         1. This case shall go to a jury trial on July 25, 2016, at 7:30 a.m., and shall continue until completed on the schedule discussed at the conference. The issues to be tried shall be those set forth in the joint proposed pretrial order except to the extent modified by order in limine. This final pretrial order supersedes the complaint, answer and any counterclaims, cross-claims or third-party complaints, i.e., only the issues expressly identified for trial remain in the case.

         2. Rulings on the motions in limine were made on the record at the pretrial conference and are summarized later in this order.

         3. Except for good cause, each party is limited to the witnesses and exhibits disclosed in the joint proposed final pretrial order less any excluded or limited by an order in limine. Materials or witnesses used solely for impeachment need not be disclosed and may be used, subject to the rules of evidence.

         4. The stipulations of facts set forth in the joint proposed final pretrial order are approved and binding on all parties.

         5. A jury of 8 persons shall be used.

         6. Each side shall have three-and-a-half hours to examine witnesses (counting direct examination, cross-examination, re-direct examination, re-cross examination, etc.). Opening statements and closing arguments shall not count against the limit. If, despite being efficient, non-duplicative, and non-argumentative in the use of the allotted time, one side runs out of time and it would be a miscarriage of justice to hold that side to the limit, then more time will be allotted.

         7. The parties shall follow the Court’s current Guidelines for Trial and Final Pretrial Conference in Civil Jury Cases, separately provided and available on the Internet at http://www.cand.uscourts.gov, which guidelines are incorporated as part of this order.

         RULINGS ON MOTIONS IN LIMINE

         Plaintiff’s Motions in Limine.

         1. Exclude Plaintiff’s Past Convictions.

         This motion is Granted.

         Defendant’s counsel raised the possibility of including a jury instruction regarding the credibility of the plaintiff such that the jury would be allowed to infer that plaintiff has a criminal ...


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