Opinion
RODRIGUEZ & ASSOCIATES Martha Rossiter, Attorneys for Plaintiff
MARDEROSIAN, CERCONE & COHEN Michael G. Marderosian, Attorneys for Defendants above-named.
JOINT STIPULATION REGARDING EVIDENCE; ORDER THEREON (Doc. 43)
Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE
Pursuant to this Court's Pretrial Conference Order, the parties met and conferred on January 6, 2015, regarding anticipated motions in limine. Pursuant to that conference, it was agreed that:
1. There will be no reference to, evidence of, or argument pertaining to any loss of income and/or loss of future earning capacity as a result of the incident giving rise to this litigation;
2. Non-party witnesses, save and except for retained experts, are excluded from the Court Room until and unless excused as witnesses;
3. There will be no reference to, evidence of, or argument pertaining to the District Attorney's decision to dismiss charges related to Obstruction/Resisting a Police Officer and Disorderly Conduct/Drunk;
4. There will be no reference to, evidence of, or argument pertaining to insurance or indemnification for the claims against the defendants;
5. There will be no reference to, evidence of, or argument pertaining to any settlement negotiations that have occurred;
6. There will be no reference to, evidence of, or argument pertaining to the fact that the City of Bakersfield was a prior party.
In regard to the above referenced areas, the parties agree:
1. Not to mention, refer to, or attempt to convey to the jury in any manner, either directly or indirectly, any of the facts mentioned in the above referenced area; and
2. Warn and caution each witness to strictly follow said instructions.
ORDER
Pursuant to the stipulation of the parties, it is hereby ordered that at the time of trial:
1. There will be no reference to, evidence of, or argument pertaining to any loss of income and/or loss of future earning capacity as a result of the incident giving rise to this litigation;
2. Non-party witnesses, save and except for retained experts, are excluded from the Court Room until and unless excused as witnesses;
3. There will be no reference to, evidence of, or argument pertaining to the District Attorney's decision to dismiss charges related to Obstruction/Resisting a Police Officer and Disorderly Conduct/Drunk;
4. There will be no reference to, evidence of, or argument pertaining to insurance or indemnification for the claims against the defendants;
5. There will be no reference to, evidence of, or argument pertaining to any settlement negotiations that have occurred;
6. There will be no reference to, evidence of, or argument pertaining to the fact that the City of Bakersfield was a prior party.
In regard to the above referenced areas, the parties shall:
1. Not mention, refer to, or attempt to convey to the jury in any manner, either directly or indirectly, any of the facts mentioned in the above referenced area; and
2. Warn and caution each witness to strictly follow said instructions.
IT IS SO ORDERED.