United States District Court, N.D. California, San Jose Division
ORDER RE MOTIONS IN LIMINE [RE: ECF 57, 58, 59, 60,
61, 62, 69]
LAB SON FREEMAN United States District Judge.
Felicia Nichols brings this action following an encounter
with San Jose Police Officers on November 8, 2012. Nichols
initially brought suit under 42 U.S.C. § 1983 against
the City of San Jose (the “City”) and the
individual police officers involved in the incident:
Christopher Schipke and Officer Ferguson. Only the claims
against Officer Schipke for false arrest, use of excessive
force, and unlawful search remain. The Court held a pretrial
conference on May 4, 2017, at which time it addressed a
number of trial issues and heard argument on the parties'
motions in limine. The Court HEREBY ORDERS as
party is allotted 15 hours of trial time, to include
examination and cross-examination of witnesses and the
presentation of evidence. Each party will have an additional
30 minutes for opening statements and one hour for closing
arguments. Additionally, each party will be allotted 40
minutes for oral voir dire. The parties are ORDERED to file a
revised proposed verdict form and jury questionnaire on or
before May 30, 2017.
reasons discussed on the record, the Court ORDERS the parties
to omit the following questions from the proposed jury
questionnaire: 7 and 25. The Court also ORDERS the parties to
make any additional modifications as discussed on the record.
REQUEST FOR BIFURCATION
joint pretrial statement, Plaintiff asks the Court to
bifurcate punitive damages and liability issues. J. Pretrial
S. 6, ECF 56. Defendant does not object to this request.
Nevertheless, the Court does not find that bifurcation is
necessary, and further finds that bifurcation would be time
consuming. Accordingly, the Court DENIES Plaintiff's
request to bifurcate punitive damages and liability issues.
MOTIONS IN LIMINE
reasons explained below and on the record at the May 4, 2017,
pretrial conference, the motions are decided as follows:
Plaintiff's Motion in Limine No. 1: WITHDRAWN.
Defendant's Motion in Limine No. 1: GRANTED.
Defendant's Motion in Limine No. 2: DENIED.
Defendant's Motion in Limine No. 3: DENIED IN