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Reyes v. Flores

United States District Court, E.D. California

September 18, 2019

ABEL P. REYES, Plaintiff,
v.
M. FLORES, Defendant.

          FINAL PRETRIAL ORDER

         On August 13, 2019, the court conducted a final pretrial conference. Plaintiff Abel Reyes (“plaintiff”) appeared telephonically and pro se. Deputy Attorney General Matthew Roman appeared telephonically as counsel for defendant M. Flores, LVN (“defendant”). Having considered the plaintiff’s objections, the court issues this final pretrial order.

         Plaintiff is a state prisoner proceeding in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983. Plaintiff claims that defendant knowingly denied him constitutionally adequate medical treatment and was deliberately indifferent to his serious medical needs in violation of the Eighth Amendment.

         I. JURISDICTION/VENUE

         Jurisdiction is predicated on 28 U.S.C. §§ 1331, 1343. Jurisdiction is not contested.

         Venue is proper pursuant to 28 U.S.C. § 1391. Venue is not contested.

         II. JURY

         Both parties have demanded a jury trial. The jury will consist of seven jurors.[1]

         III. UNDISPUTED FACTS

         1. In January 2014, plaintiff was incarcerated at California State Prison-Corcoran (“CSP-Corcoran”).

         2. Following a history of treatment for various urinary symptoms, the plaintiff was admitted into the Delano Regional Medical Center for transurethral resection of the prostate (“TURP”) surgery on January 21, 2014.

         3. Plaintiff was discharged and returned to CSP-Corcoran on January 23, 2014.

         4. On January 26, 2014, at approximately 7:00 a.m., plaintiff was pushed in his wheelchair to the C window of the 3-B Clinic to obtain his morning medications. Plaintiff told defendant that he was in severe pain and that he had a medical emergency. Defendant stated that it was not a medical emergency and told plaintiff to submit a health care services request form to be seen.

         5. At approximately 11:30 a.m., plaintiff returned to the 3-B Clinic where he was seen by defendant. Plaintiff told defendant of his continuing pain, and that he was unable to urinate, had thick blood clots come out of his penis, and that he had just had surgery and needed medical attention. Defendant assessed plaintiff and concluded that he did not need immediate medical attention.

         6. At approximately 3:45 p.m., plaintiff again returned to the 3-B Clinic. At that time, another nurse examined plaintiff and again concluded that he did not require emergency treatment.

         7. Later that evening, plaintiff was examined in the Acute Care Hospital at CSP-Corcoran by Dr. Julian Kim.

         8. Thereafter, plaintiff was sent to the Mercy Hospital Emergency Room, where he was examined by Dr. Noor Jaber. Plaintiff had a catheter inserted and was admitted to the hospital. Plaintiff was discharged from the hospital on January 29, 2014.

         IV. DISPUTED FACTUAL ISSUES[2]

         1. Whether defendant was deliberately indifferent to the plaintiff’s medical needs.

         2. Whether the plaintiff suffered any medical complications as a result of the alleged delay in providing him medical care.

         V. DISPUTED EVIDENTIARY ISSUES/MOTIONS IN LIMINE

         The parties have not yet filed motions in limine. The court does not encourage the filing of motions in limine unless they are addressed to issues that can realistically be resolved by the court prior to trial and without reference to the other evidence which will be introduced by the parties at trial. The parties anticipate filing the motions in limine below. Any motions in limine counsel elects to file shall be filed no later than 21 days before trial. Opposition shall be filed no later than 14 days before trial and any replies shall be filed no later than 10 days before trial. Upon receipt of any opposition briefs, the court will notify the parties if it will hear argument on any motions in limine prior to the first day of trial.

         Plaintiff’s Motions in Limine

         1. Motion in limine to bar defendant from presenting evidence of or making reference to plaintiff’s criminal history, the criminal history of plaintiff’s witnesses, plaintiff’s history of administrative appeals and litigation unrelated to this instant lawsuit, and any documents not previously disclosed to plaintiff.

         2. Motion in limine to bar testimony of defendant’s expert witnesses if it is revealed through deposition that their opinions are based in whole or in part on materials that should have been produced during discovery and which were withheld from plaintiff.

         3. Plaintiff anticipates objecting to defendant’s proposed trial exhibits.

         Defendant’s Motions in Limine

         1. Defendant states that he objects to the introduction of testimony by plaintiff including but not limited to, type of treatment, rationale for treatment, and appropriateness of treatment, and causation of subsequent medical conditions.

         VI. SPECIAL FACTUAL INFORMATION

         Special factual information pursuant to Local Rule 281(b)(6) is not applicable to this action.

         VII. RELIEF SOUGHT

         Plaintiff seeks compensatory damages in the amount of $300, 000.00 and punitive damages in the amount of $100, 000.00.

         VIII. POINTS OF LAW

         The claims and defenses in this case arise under federal law. All of plaintiff’s claims are brought against defendant M. Flores.

1. The elements of, standards for, and burden of proof in a cause of action for deliberate indifference to a prisoner’s right to medical care pursuant to the Eighth Amendment.
2. The elements of, standards for, and burden of proof for an award of punitive damages. Trial briefs addressing the points of law implicated by these remaining claims shall be filed with this court no later than 7 days before trial in accordance with Local Rule 285.

         ANY CAUSES OF ACTION OR AFFIRMATIVE DEFENSES NOT EXPLICITLY ASSERTED IN THE PRETRIAL ORDER UNDER POINTS OF LAW AT THE TIME IT BECOMES FINAL ARE DISMISSED AND DEEMED WAIVED.

         IX. ABANDONED ISSUES

         None.

         X. WITNESSES

         Plaintiff’s witnesses shall be those listed in Attachment A. Defendant’s witnesses shall be those listed in Attachment B. Each party may call any witnesses designated by the other.

         A. The court does not allow undisclosed witnesses to be called for any purpose, including impeachment or rebuttal, unless they meet the following criteria:

(1) The party offering the witness demonstrates that the witness is for the purpose of rebutting evidence that could not be reasonably anticipated at the pretrial conference, or
(2) The witness was discovered after the pretrial conference and the proffering party makes the showing required in paragraph B, below.

         B. Upon the post pretrial discovery of any witness a party wishes to present at trial, the party shall promptly inform the court and opposing parties of the existence of the unlisted witnesses so the court may consider whether the witnesses shall be permitted to testify at trial. The witnesses will not be permitted unless:

(1) The witness could not reasonably have been discovered prior to the discovery cutoff;
(2) The court and opposing parties were promptly notified upon discovery of the witness;
(3) If time permitted, the party proffered the witness for deposition; and
(4) If time did not permit, a reasonable summary of the witness’s testimony was provided to opposing parties.

         XI. EXHIBITS, SCHEDULES, AND SUMMARIES

         Joint exhibits are listed in Attachment C. At trial, joint exhibits shall be identified as JX and listed numerically, e.g., JX-1, JX-2. At the moment, the parties have not designated any joint exhibits.[3]

         Plaintiff’s exhibits are listed in Attachment D. Defendant’s exhibits are listed in Attachment E. No. exhibit shall be marked with or entered into evidence under multiple exhibit numbers, and the parties are hereby directed to meet and confer for the purpose of designating joint exhibits. All exhibits must be pre-marked as discussed below. At trial, joint exhibits shall be identified as JX and listed numerically, e.g., JX-1, JX-2. Plaintiff’s exhibits shall be listed numerically and defendants’ exhibits shall be listed alphabetically. All exhibits must be pre-marked. The parties must prepare three (3) separate exhibit binders for use by the court at trial, with a side tab identifying each exhibit in accordance with the specifications above. Each binder shall have an identification label on the front and spine. The parties must exchange exhibits no later than 28 days before trial. Any objections to exhibits are due no later than 14 days before trial. The final exhibits are due the Thursday before the trial date, which is October 24, 2019. In making any objection, the party is to set forth the grounds for the objection. As to each exhibit which is not objected to, it shall be marked and received into evidence and will require no further foundation.

         The court does not allow the use of undisclosed exhibits for any purpose, including impeachment or rebuttal, unless they meet the following criteria

          A. The court will not admit exhibits other than those identified on the exhibit lists referenced above unless:

(1) The party proffering the exhibit demonstrates that the exhibit is for the purpose of rebutting evidence that could not have been reasonably anticipated, or
(2) The exhibit was discovered after the issuance of this order and the proffering party makes the showing required in paragraph B, below.

         B. Upon the discovery of exhibits after the discovery cutoff, a party shall promptly inform the court and opposing parties of the existence of such exhibits so that the court may consider their admissibility at trial. The exhibits will not be received unless the proffering party demonstrates:

(1) The exhibits could not reasonably have been discovered earlier;
(2) The court and the opposing parties were promptly informed of their existence;
(3) The proffering party forwarded a copy of the exhibits (if physically possible) to the opposing party. If the exhibits may not be copied the proffering party must show that it has made the exhibits reasonably available for inspection by the opposing parties

         XII. DISCOVERY DOCUMENTS

         The parties must lodge the sealed original copy of any deposition transcript to be used at trial with the Clerk of the ...


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