United States District Court, E.D. California
ROBERT E. LEVY, Plaintiff,
COUNTY OF ALPINE, et al., Defendants.
H. WHALEY Senior United States District Judge
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
Proposed Jury Instructions
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,
Motions in Limine
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.
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
c. Plaintiff withdraws Plaintiff's Exhibits 22, 25, and
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 ...