Filed: Apr. 16, 2014
Latest Update: Apr. 16, 2014
Summary: ORDER JOHN A. JARVEY, District Judge. The jury trial in this case is scheduled for April 29, 2014, with the location (Prescott or Phoenix) yet to be determined. Doc. 169. At the January 13, 2014, status conference the court ordered, among other things, that any additional motions in limine 1 were to be filed by no later than February 28, 2014. Doc. 167. The defendants timely filed two motions in limine. The plaintiff filed six motions which, with one exception, are untimely. I. Plaintiff
Summary: ORDER JOHN A. JARVEY, District Judge. The jury trial in this case is scheduled for April 29, 2014, with the location (Prescott or Phoenix) yet to be determined. Doc. 169. At the January 13, 2014, status conference the court ordered, among other things, that any additional motions in limine 1 were to be filed by no later than February 28, 2014. Doc. 167. The defendants timely filed two motions in limine. The plaintiff filed six motions which, with one exception, are untimely. I. Plaintiff'..
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ORDER
JOHN A. JARVEY, District Judge.
The jury trial in this case is scheduled for April 29, 2014, with the location (Prescott or Phoenix) yet to be determined. Doc. 169. At the January 13, 2014, status conference the court ordered, among other things, that any additional motions in limine1 were to be filed by no later than February 28, 2014. Doc. 167. The defendants timely filed two motions in limine. The plaintiff filed six motions which, with one exception, are untimely.
I. Plaintiff's Motions
On February 28, 2014, the plaintiff did timely file his motion for a writ of habeas corpus ad testificandum (Doc. 171). The court grants that motion and in due course will order the issuance of such a writ to secure the plaintiff's appearance at trial.
Nearly two weeks later, on March 13, 2014, the plaintiff filed two other motions: (1) to preclude the introduction of evidence describing the nature of his felony conviction (Doc. 178); and (2) to seal trial transcripts in the underlying criminal matter and to seal portions of his medical records (Doc. 179). The court denies these motions as untimely.
On April 3, 2014, more than a month after the passage of the deadline for filing motions in limine, the plaintiff filed the following three motions: (1) "Request for Advance of Witness Fees For Material Witnesses/Motion for Court Order for Repayment of Witness Fees (Doc. 183); "Motion for District Court Directive To United States Marshal's Service for Service Of Subpoenas" (Doc. 184); and (3) "Motion To Change Trial to Phoenix, Arizona" (Doc. 185). The court denies the first two listed motions as untimely (Docs. 183 and 184).
As to the third motion, the defendants having advised the court that they have no opposition thereto (Doc. 167), the court grants the plaintiff's motion to have trial conducted in Phoenix, Arizona (Doc. 185)
II. Defendants' Motions in Limine
In due course, the court will issue a separate order resolving the defendants' pending motions in limine: (1) to preclude the plaintiff from calling certain witnesses (Docs. 172); and (2) to preclude the plaintiff from providing expert opinion testimony (Doc. 173).
As set forth above, the court HEREBY ORDERS that:
(1) Plaintiff's Motion for Writ of Habeas ad testificandum (Doc. 171) is GRANTED;
(2) Plaintiff's Motion to Preclude (Doc. 178) is DENIED;
(3) Plaintiff's Motion to Seal Transcripts and Medical Record Exhibits of Motion to Preclude (Doc. 179) is DENIED;
(4) Plaintiff's Motion for Advance of Witness Fees for Material Witnesses/Motion for Court Order for Repayment of Witness Fees (Doc. 183) is DENIED;
(5) Plaintiff's Motion for District Court Directive to United States Marshal's Service for Service of Subpoenas (Doc. 184) is DENIED; and
(6) Plaintiff's Motion to Change Trial to Phoenix, Arizona (Doc. 185) is
GRANTED. The trial of this matter shall commence on the 29th day of April, 2014, at 9:00 a.m. in Courtroom 505, Sandra Day O'Connor United States Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. Plaintiff pro se and defense counsel shall appear at 8:30 a.m.; and
(7) The parties shall not file any additional motions in limine as the time to do so has passed in accordance with this court's January 13, 2014 order.
