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Levy v. County of Alpine

United States District Court, E.D. California

April 6, 2017

ROBERT E. LEVY, Plaintiff,
v.
COUNTY OF ALPINE, et al., Defendants.

          ORDER

          ROBERT H. WHALEY Senior United States District Judge

         The Court held a telephone hearing on April 5, 2017, to address numerous pretrial matters. Douglas Watts appeared on behalf of Plaintiff Robert E. Levy, and Marjorie Manning and Theodore Bolling appeared on behalf of Defendant County of Alpine.

         1. Proposed Jury Instructions

         On April 3, 2017, the Court issued an order containing proposed jury instructions regarding § 1983 liability. The Court declines to give the parties' proposed § 1983 jury instructions. The Court recognizes the need for collaboration in determining the final jury instructions on liability. The parties shall provide objections to these proposed jury instructions and their proposed revised versions of the instructions to the Court no later than Thursday, April 13, 2017.

         2. Motions in Limine

         In its order on March 31, 2017, the Court reserved ruling on Defendant's Motions in Limine 11 and 14 and ordered the parties to be prepared to discuss these motions at the April 5th telephonic hearing. ECF No. 125. Following argument by both parties, the Court continues to reserve ruling on these motions, which will be discussed on the morning of the first day of trial, prior to jury selection. The parties shall be prepared to make any additional arguments at that time.

         3. Exhibits

         Defendant filed Objections to Plaintiff's Exhibits on August 1, 2016, ECF No. 81, and Supplemental Objections to Plaintiff's Exhibits and Objections to Descriptions of Exhibits in Plaintiff's Exhibit List on February 27, 2017, ECF No. 97. As a preliminary note, the Court wants to avoid admitting a block of exhibits that may not actually be used in trial. While exhibits may be admissible, they must still be properly offered at trial to be admitted. The Court addressed Defendant's specific objections at the April 5 hearing and rules as follows.

a. Defendant's objections to Plaintiff's Exhibits 1 and 10 are sustained. These exhibits are not admissible.
b. The Court reserves ruling on Defendant's objections to Plaintiff's Exhibits 8, 18, 19, 20, 26, 27, 29, 31, and 33.
c. Plaintiff withdraws Plaintiff's Exhibits 22, 25, and 30.
d. Defendant's objection to Plaintiff's Exhibit 7 is sustained; however, Plaintiff may admit a clean copy of this exhibit without markings when properly offered.
e. Defendant's objection to Plaintiff's Exhibit 21 is overruled. This exhibit may be used when properly offered.
f. Defendant's objections to Plaintiff's descriptions on the Exhibit List are sustained. The parties shall provide, no later than Thursday, April 13, 2017, a stipulated joint Exhibit List that ...

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