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Nance v. Miser

United States District Court, Ninth Circuit

December 13, 2013

Keith P. Nance, Plaintiff,
v.
Allen Miser, et al., Defendants.

ORDER

ROBERT C. BROOMFIELD, District Judge.

The deadlines set forth in the Scheduling and Discovery Order (Doc. 36) as amended by Order (Doc. 53) have passed. Further, although this court dismissed the plaintiff's damage claims under the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. § 2000cc et seq. ("RLUIPA") there are four claims remaining: (1) the claims for injunctive relief under RLUIPA; (2) the claim for damages under the First Amendment; (3) the equal protection claims for injunctive relief and damages for the Halal diet with meat; and (4) the First Amendment damage claims for denial of the shaving waiver for 7 months. See Ord. (Doc. 69) at 19:3-10, ¶ (5)(a)-(d). Moreover, just recently, this court denied the defendants' motion for reconsideration of the foregoing. See Ord. (Doc. 75) at 1:14. Thus, because this action now is ready for trial, the court hereby ORDERS that plaintiff pro se and the attorney or attorneys who will be responsible for the trial of this lawsuit prepare a proposed Joint Final Pretrial Order and lodge it with the Clerk of the Court by no later than January 13, 2014.

Although it is the responsibility of plaintiff pro se to ensure that the proposed Joint Final Pretrial Order is properly prepared and timely lodged, the defendants shall fully cooperate with the plaintiff pro se to ensure that such Order is properly prepared and timely lodged. That proposed Joint Final Pretrial Order shall be signed by plaintiff pro se and defense counsel. Plaintiff pro se may authorize defense counsel to sign on his behalf.

The content of the proposed Joint Final Pretrial Order shall include, but is not limited to, that prescribed in the form of the proposed Joint Final Pretrial Order attached hereto.

Pursuant to Fed.R.Civ.P. 16(d) and 37(c), the court will not allow the parties to modify the Joint Final Pretrial Order or introduce at trial any exhibits, witnesses, or other information or to make any objections to exhibits that were not previously specified and/or disclosed as directed by the Court in the Joint Final Pretrial Order, except to prevent manifest injustice. Galdamez v. Potter , 415 F.3d 1015, 1020 (9th Cir. 2005).

After the lodging of the signed proposed Joint Final Pretrial Order, at a date to be set by the court, the parties shall participate telephonically in a Pretrial Conference to discuss that Proposed Order. Plaintiff may appear by telephone. Counsel for the defendants shall provide the Court with a telephone number where plaintiff may be contacted and make the necessary arrangements for his appearance by telephone at the hearing. Following that Pretrial Conference, the court will issue the Final Pretrial Order and set a trial date for this action.

IT IS ORDERED that:

(1) the parties shall lodge a Proposed Joint Final Pretrial Order in accordance herewith by no later than January 13, 2014; and
(2) any future filings in this case shall be directed to the undersigned.

FINAL PRETRIAL ORDER

This Final Pretrial Order supersedes the pleadings and shall govern the trial and further proceedings in this case.

A. STATEMENT OF JURISDICTION. Cite the statute(s) which gives this Court jurisdiction: (example - Jurisdiction in this case is based on diversity of

citizenship under Title 28 U.S.C. §1332.)

B. NATURE OF ACTION. Provide a concise statement of the type of case, the cause of the action, and the relief sought: (example - This is a products liability case wherein the plaintiff seeks damages for personal injuries sustained when he fell from the driver's seat of the forklift. The plaintiff contends that the forklift was defectively designed and ...


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