Case: Gamino v. Ventura County

Gamino v. County of Ventura

Gamino v. County of Ventura

Gamino v. County of Ventura

COMPLAINT filed Summons(es) Issued referred to Discovery Jeffrey W. Johnson; Jury Demand (pc) (Entered: 12/30/2002)

NOTICE OF INTERESTED PARTIES filed by plfs Juan Gamino, Kathy Conley, Ed Ferrel (pc) (Entered: 12/30/2002)

DISMISSAL OF PARTIES DESIGNATED BY A FICTITIOUS NAME: Does 11-200 by plaintiff (pj) (Entered: 01/02/2003)

MINUTES: Counsel are notified that the above-entitled action has been recently assigned to this court. The correct number for this case is now CV02-9758-NM(JWJx) by Judge Nora M. Manella CR: N/A (bp) (Entered: 01/08/2003)

STANDING ORDER: This order controls this case and differs in some respects from the local rules by Judge Nora M. Manella (bp) (Entered: 01/08/2003)

ANSWER filed by defendant Ventura County, defendant Bob Brooks to complaint [1-1]; jury demand (pj) (Entered: 01/14/2003)

NOTICE OF INTERESTED PARTIES filed by defendant Ventura County, defendant Bob Brooks (pj) (Entered: 01/14/2003)

MINUTES: Scheduling conf set for 9:00 2/24/03 ; Counsel are reminded that their joint status report is to be fld nlt 2/3/03 by Judge Nora M. Manella CR: N/A (pj) (Entered: 01/14/2003)

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV 01-5401 CBM (Ex)] Case transferred from Judge Nora M. Manella to Judge Consuelo B. Marshall for all further proceedings., Case referred from Discovery Jeffrey W. Johnson to Discovery Charles F. Eick The case number will now reflect the initials of the transferee Judge [ CV 02-9785 CBM (Ex)] (cc: all counsel) (rn) (Entered: 01/27/2003)

MINUTES: Notice of time change: mandatory status/scheduling conf set for 11:00 2/24/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 01/30/2003)

JOINT RULE 26 DISCOVERY PLAN filed; est length of trial 10 days (twdb) (Entered: 02/11/2003)

ORDER by Judge Consuelo B. Marshall mandatory status/scheduling conference held ; exeprt discovery cutoff 9/30/03; discovery ddl on 8/30/03 ; dispositive motion filing ddl set on 10:00 11/24/03 ; Pretrial Conference set for 2:30 1/5/04;trial set on 10:00 2/10/04, and discovery is stayed until 4/8/03 (lc) (Entered: 03/05/2003)

OPPOSITION by Ventura County, Bob Brooks to motion to determine Class Size based on the Statute of Limitations [13-1] (lc) (Entered: 10/02/2003)

NOTICE OF MOTION AND MOTION by plaintiffs Juan Gamino, Kathy Conley, Ed Ferrel to determine Class Size based on the Statute of Limitations ; motion hearing set for 9:00 10/6/03 (ir) (Entered: 09/05/2003)

NOTICE OF DISCREPANCY AND ORDER by Judge Consuelo B. Marshall ordering Notice of Motion to determine method of notification for class members submitted by plaintiff Juan Gamino received on 9/15/03 is not to be fld but instead rejected; Denial based on: no written notice in the text (shb) (Entered: 09/17/2003)

STIPULATION and ORDER by Judge Consuelo B. Marshall certifying as class action (ir) (Entered: 09/22/2003)

STIPULATION and ORDER by Judge Consuelo B. Marshall Discovery cut-off extended from 8/30/03 to 10/31/03 (ir) (Entered: 09/22/2003)

OPPOSITION by defendants Ventura County, Bob Brooks to motion to determine Class Size based on the Statute of Limitations [13-1] (rl) (Entered: 09/23/2003)

MINUTES: Notice and order hearing on plaintiff's motion to determine class size based on the statute of limitations [13-1] 10:00 10/6/03 has been transferred to calendar of Judge Harry L Hupp for disposition; case assignment is not affected and continues assigned to Judge Consuelo B Marshall; Judge Hupp issues a tentative, counsel are advised to arrive at least 20-30 minutes earlier to review it before the judge takes the bench by Judge Harry L. Hupp CR: none (lc) (Entered: 09/25/2003)

REPLY by plaintiffs to Defendants' opposition to motion to determine Class Size based on the Statute of Limitations [13-1] (ir) (Entered: 09/30/2003)

STATUS of litigation re ninth circuit court of appeal by plaintiff (lc) (Entered: 10/02/2003)

MINUTES: Motion to determine Class Size based on the Statute of Limitations [13-1]; It is determined that the class in this action is all person who were arrested under Health and Safety Code subsection 11550 and strip searched in Ventura County between 12/24/01 and 3/27/03 (See document for further details) by Judge Harry L. Hupp CR: Adriana Camelo (ir) (Entered: 10/07/2003)

JOINT DISCOVERY STIPULATION filed regarding Defendants' motion for a protective order precluding deposition of Sheriff Bob Brooks (ir) (Entered: 10/17/2003)

REPLY by plaintiffs to Defendants' opposition to motion to determine Class Size based on the Statute of Limitations [13-1] (ir) (Entered: 10/17/2003)

MINUTES: (IN CHAMBERS) Court is in receipt of the "Joint Discovery Stipulation regarding Defendants' motion for a Protective Order precluding Deposition of Sheriff Bob Brooks" filed 10/14/03; Previously noticed 11/6/03 hearing date is vacated; Any party may file a supplemental memorandum on or before 10/31/03; At that time, the Court will take the motin under submission without oral argument unless the Court otherwise orders; Courtesy copies of all supplemental memorandum shall be delivered directly to Room 342 or faxed to 213-894-3335 by Discovery Charles F. Eick CR: N/A (ir) (Entered: 10/17/2003)

NOTICE OF DISCREPANCY AND ORDER by Judge Consuelo B. Marshall ordering Reply to defendants opposition to motion to determine method of notification for classmembers submitted by plaintiffs received on 10/14/03 is not to be fld but instead rejected; Denial based on: No copy provided for judge (mch) (Entered: 10/20/2003)

MINUTES: In chambers: Court takes Defendants' motion for a protective order precluding deposition of Sheriff Bob Brooks under submission; motion is denied [23-1] by Discovery Charles F. Eick CR: none (lc) (Entered: 11/06/2003)

NOTICE OF MOTION AND MOTION by Sheriff Bob Brooks for review and reconsideration of magistrate ruling for protective order ; memorandum; motion hearing set for 10:00 12/15/03 (lc) (Entered: 11/17/2003)

MINUTES: Court strikes defendant's motion for review and reconsideration of magistrate ruling for protective order for failure to comply with Local Rule 7-3 [28-1]; if motion refiled, a copy of magistrate judge's ruling should also be submitted at same time by Judge Consuelo B. Marshall CR: none (lc) (Entered: 11/18/2003)

NOTICE OF DISCREPANCY AND ORDER by Judge Consuelo B. Marshall ordering notice of motion submitted by plaintiff received on 11/7/03 is not to be fld but instead rejected; Denial based on: 12/8 not available hearing date (lc) (Entered: 11/19/2003)

NOTICE OF MOTION AND MOTION by plaintiff to determine method of notification for class members motion hearing set for 10:00 12/15/03 (lc) (Entered: 11/24/2003)

RENOTICE OF motion to determine method of notification for class members for 12/15/03 10:00 [31-1] filed by plaintiff (lc) (Entered: 11/24/2003)

NOTICE OF HEARING OF MOTION AND MOTION by defendants County of Ventura, Sheriff Bob Brooks to stay case pending outcome of the appeal ; motion hearing set for 10:00 1/26/04; memorandum of Points and Authorities; Declaration of Jeffrey Held (ir) (Entered: 11/26/2003)

NOTICE OF MOTION AND MOTION by Ventura County, Bob Brooks, for review and reconsideration of magistrate ruling denying motion for protective order ; memorandum; motion hearing set for 10:00 12/15/03 (lc) (Entered: 12/02/2003)

RESUBMISSION OF OPPOSITION by Ventura County, Bob Brooks, motion to determine method of notification for class [31-1] (lc) (Entered: 12/04/2003)

Notice of change of hearing to 10:00 1/26/04 re motion to stay case pending outcome of the appeal [33-1] by Ventura County, Bob Brooks (lc) (Entered: 12/05/2003)

MINUTES: due to violation of Local Rule 7-3, lacking written notice or untimely notice: Court continues hearing on Sheriff Brooks motion for review and reconsideration of magistrate ruling denying motion for protective order [34-1] 10:00 1/5/04; oppositiion be filed on or before 12/22/03 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 12/12/2003)

OPPOSITION by plaintiff to motion for review and reconsideration of magistrate ruling denying motion for protective order [34-1] (lc) (Entered: 12/22/2003)

MINUTES: Court on own motion takes under submission without oral argument defendant Sheriff Bob Brooks'motion for review and reconsideration of magistrate ruling denying motion for protective order as of 1/5/04 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 12/30/2003)

MINUTES: Court on own motion: Final Pretrial Conference reset for 3:00 2/23/04 ; jury trial reset on 10:00 3/30/04 by Judge Consuelo B. Marshall CR: none (lc) (Entered: 12/30/2003)

ORDER by Judge Consuelo B. Marshall re plaintiff's motion to determine method of notification for class members [31-1]: plaintiff to provide individual notice to unnmaed class members pursuant to FRCP 23(c)(2); defendants provide contact information; court Stays parties compliance with this order until court rules on defendant's motion for summary judgment in the Way case, CV 01-5401 (lc) (Entered: 12/31/2003)

MINUTES OF In Chambers Conference held before Judge Consuelo B. Marshall :, Order by Judge Consuelo B. Marshall DENIES Motion for Review and Reconsideration 34, Motions terminated: 34 Motion for Review and Reconsideration (See order for further details) Court Reporter: none present. (shb, ) (Entered: 01/15/2004)

MINUTES OF In Chambers Conference held before Judge Consuelo B. Marshall: On the Court's own motion, 33 Motion of Defendants County of Ventura & Sheriff Bob Brooks to Stay Case is continued for hearing on 1/29/2004 at 10:00 AM before Honorable Consuelo B. Marshall. (shb, ) (Entered: 01/14/2004)

STIPULATION AND ORDER by Judge Consuelo B. Marshall :IT IS HEREBY STIPULATED by and between the parties hereto through their respective attorneys of record that the parties agree to have the Pretrial Conference date and the Trial date continued. The Pretrial Conference is continuted to 9/13/2004 at 02:30 PM before Honorable Consuelo B. Marshall. The Trial is continued to 10/12/2004 at 10:00 AM. before Honorable Consuelo B. Marshall. IT IS SO STIPULATED.(yl, ) (Entered: 01/20/2004)

REPLY to Opposition to Defendants' Motion to Stay Proceedings 33 filed by Defendants, Bob Brooks, Ventura County. (shb, ) (Entered: 01/24/2004)

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following date: 12/15/03, Court Reporter: Leandra Amber. (pjap, ) (Entered: 01/26/2004)

MINUTES: Order by Judge Consuelo B. Marshall denying defendants Motion to Stay Case 33 ; defendants to produce to plaitiffs counsel all of the information in 12/31/03 order no later than 3/30/04; Court Reporter: Leandra Amber. (lc, ) (Entered: 01/30/2004)

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 01/09/04, Court Reporter: Leandra Amber. (wdc, ) (Entered: 04/01/2004)

STIPULATION AND ORDER by Judge Consuelo B. Marshall :deeming liability to be controlled by ultimate appellate outcome in companion case (Way v County of Ventura CA 01-5401)(lc, ) (Entered: 04/23/2004)

NOTICE OF MOTION AND MOTION to Modify Class; memorandum filed by defendants Bob Brooks, Ventura County. Motion set for hearing on 6/21/2004 at 10:00 AM before Honorable Consuelo B. Marshall. (lc, ) (Entered: 05/27/2004)

DECLARATION of defense counsel Jeffrey Held in support of plaintiffs request to continue hearing on motion to modify class 51 filed by Defendants Bob Brooks, Ventura County. (lc, ) (Entered: 06/10/2004)

STIPULATION AND ORDER by Judge Consuelo B. Marshall : continuing hearing on defendants MOTION to modify class 50 to 7/26/2004 at 10:00 AM (lc, ) (Entered: 06/09/2004)

NOTICE of Continuance of hearing of class modification motion 7/26/0410:00am (pj, ) (Entered: 06/23/2004)

Notice of Motion and MOTION for approval of Notice of Pendency of class action filed by Plaintiffs Kathy Conley, Ed Ferrel, Juan Gamino. Motion set for hearing on 7/26/2004 at 10:00 AM before Honorable Consuelo B. Marshall. Lodged Proposed Order.lm ) (Entered: 06/28/2004)

NOTICE OF DISCREPANCY AND ORDER: by Judge Consuelo B. Marshall, ORDERING Opposition to defendants motion to modify class submitted by Plaintiff Juan Gamino is not to be filed but instead rejected. Denial based on: the attorney did not signed the document.(pj, ) (Entered: 06/25/2004)

OPPOSITION to defendants MOTION to Modify Class 50 filed by plaintiffs Kathy Conley, Ed Ferrel, Juan Gamino. (lc, ) (Entered: 06/29/2004)

OPPOSITION to Plaintiff's MOTION fo approval of Notice of Pendency of class action 55 filed by Defendants Bob Brooks, Ventura County. (shb, ) (Entered: 07/13/2004)

MINUTES: Defendant County of Ventura and Sheriff Bob Brooks motion to modify Class 50 (Filed 5/19/04) and Motion for Approval of Notice of Pendency of Class Action 55 (Filed 6/21/04). Parties are advised that the above listed motions scheduled for hearing on 7/26/04 are taken under submission. Accordingly hearing date is vacated, motions will be deemed submitted as of 7/26/04. Order will issue by Judge Consuelo B. Marshall Court Reporter: Not Present. (ir ) (Entered: 07/14/2004)

REPLY to opposition to MOTION to Amend/Correct 50 filed by defendants Bob Brooks, Ventura County. (lc, ) (Entered: 07/20/2004)

REPLY to opposition to MOTION fo approval of Notice of Pendency of class action 55 filed by plaintiffs Kathy Conley, Ed Ferrel, Juan Gamino. (lc, ) (Entered: 07/23/2004)

MINUTES: Defendants County of Ventura and Sheriff Bob Brooks MOTION to modify Class and for approval of Notice of Pendency of class action 50 55 are set for oral argument on 8/9/2004 at 10:00 AM by Judge Consuelo B. Marshall.Court Reporter: none. (lc, ) (Entered: 07/28/2004)

STIPULATION AND ORDER by Judge Consuelo B. Marshall : Hearings on MOTION to modify class 50 and MOTION fo approval of Notice of Pendency of class action 55 are continued to 8/23/04 10:00; Jury Trial reset for 1/11/2005 10:00 AM (lc, ) (Entered: 08/06/2004)

MINUTES: The matter before the court is defendants' motion to modify class. A timely opposition and reply were filed. The hearing occurred on August 23, 2004, the Honorable Consuelo B. Marshal presiding. Upon consideration of the papers submitted, defendants' motion is DENIED. Judge Consuelo B. Marshall :Court Reporter: Leandra Amber. (bp, ) (Entered: 09/01/2004)

ORDER approving notice of pendency of class action. It is hereby Ordered that: The court has approved the attached notice of pendency of class action and orders plaintiffs to give notice to the class by Judge Consuelo B. Marshall 55 (bp, ) (Entered: 09/02/2004)

MINUTES: Pretrial Conference; On Courts own motion, Pretrial Conference is continued to 11/29/2004 02:30 PM by Judge Consuelo B. MarshallCourt Reporter: n/a. (ir ) (Entered: 09/09/2004)

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following date: 08/23/04, Court Reporter: Leandra Amber. (wdc, ) (Entered: 09/14/2004)

TRANSCRIPT filed for proceedings held on 08/23/04. Court Reporter: Leandra Amber. (wdc, ) (Entered: 09/14/2004)

NOTICE OF MOTION AND MOTION for Partial Summary Judgment filed by plaintiffs Kathy Conley, Ed Ferrel, Juan Gamino. Motion set for hearing on 10/18/2004 at 10:00 AM before Honorable Consuelo B. Marshall. Lodged order, statement. (lc, ) (Entered: 09/15/2004)

MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to MOTION for Partial Summary Judgment 68 filed by defendants Bob Brooks, Ventura County. (pj, ) (Entered: 10/08/2004)

STATEMENT of GENUINE ISSUES OF MATERIAL FACT 68 filed by Defendants Bob Brooks, Ventura County. (pj, ) (Entered: 10/08/2004)

MINUTES OF Order by Judge Consuelo B. Marshall: On the Courts own motion Plaintiffs MOTION for Partial Summary Judgment 68 is submitted without oral argument as of 10/18/04. Court Reporter: N/A. (mch, ) (Entered: 10/14/2004)

REPLY BRIEF to Opposition to MOTION for Partial Summary Judgment 68 filed by Plaintiffs Kathy Conley, Ed Ferrel, Juan Gamino. (mch, ) (Entered: 10/20/2004)

MINUTES OF In Chambers Conference held before Judge Consuelo B. Marshall :, On the COurt's own motion, as to 68 MOTION for Partial Summary Judgment. Motion reset for hearing on 11/15/2004 at 10:00 AM before Honorable Consuelo B. Marshall.Court Reporter: N/A. (shb, ) (Entered: 10/26/2004)

DECLARATION of Earnest C. S. Bell re Proof of Service of Pendency of Class Action filed by Plaintiffs Kathy Conley, Ed Ferrel, Juan Gamino. (shb, ) (Entered: 11/02/2004)

MINUTES: Plaintiffs Motion for Partial Summary Judgment 68 hearing held before Judge Consuelo B. Marshall. Arguments held, plaintiffs Motion for Partial Summary Judgment is submitted without further oral argument 68 . Court Reporter: Leandra Amber. (nhac, ) (Entered: 12/06/2004)

STIPULATION AND ORDER by Judge Consuelo B. Marshall that the Pretrial Conference date is continued to 3/7/05 at 2:30 PM and the Trial date is continued to 4/26/05 at 10:00 AM.(nhac, ) (Entered: 11/22/2004)

MINUTES OF PROCEEDINGS: On the Courts own motion, Pretrial Conference is continued to 1/10/2005 03:00 PM before Honorable Consuelo B. Marshall.Court Reporter: None Appearing. (el, ) (Entered: 11/29/2004)

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 11/15/04 Court Reporter: Leandra Amber. (weap, ) (Entered: 11/30/2004)

TRANSCRIPT filed for proceedings held on 11/15/04. Court Reporter: Leandra Amber. (weap, ) (Entered: 11/30/2004)

ORDER by Judge Consuelo B. Marshall : DENYING 68 Motion for Partial Summary Judgment as to Plaintiffs Third Cause of Action for Violation of California Civil Code Section 52.1 and Section 52. In addition, the Court DENIES Plaintiffs request for a finding that the number of class members totals 4989. (el, ) (Entered: 12/15/2004)

MINUTES OF IN CHAMBERS ORDER by Judge Consuelo B. Marshall : that on the Courts own motion, the Minute Order issued on 11/24/2004 76, is Vacated and Set Aside. Court Reporter: None Appearing. (el, ) (Entered: 12/21/2004)

Plaintiff's MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiffs Juan Gamino, Kathy Conley, Ed Ferrel. (shb, ) (Entered: 02/17/2005)

NOTICE OF MOTION AND MOTION IN LIMINE #1 Excluding any and all evidence or testimony of Sargent Ferguson filed by Plaintiffs Juan Gamino, Kathy Conley, Ed Ferrel.(shb, ) (Entered: 02/17/2005)

NOTICE OF MOTION AND MOTION IN LIMINE #2 to Excluding any and all evidence or testimony of convictions of being under the influence after being strip searched filed by Plaintiffs Juan Gamino, Kathy Conley, Ed Ferrel.(shb, ) (Entered: 02/17/2005)

JOINT Witness List designation of witnesses to be called at trial filed by plaintiffs (mg, ) (Entered: 02/18/2005)

JOINT Exhibit List filed by plaintiffs (mg, ) (Entered: 02/18/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Consuelo B. Marshall: On the Court's own motion, Plaintiff's MOTION IN LIMINE #1 to Exclude any and all evidence or testimony of Sargent Ferguson 83, MOTION IN LIMINE #2 to Exclude any and all evidence or testimony of convictions of being under the influence after being strip searched 84 are submitted without oral argument as of March 21, 2005, Oppositions shall be filed on or before March 7, 2005, Replies, if any shall be filed on or before March 14, 2005.Court Reporter: n/a. (shb, ) (Entered: 03/01/2005)

MINUTES OF Pretrial Conference held before Judge Consuelo B. Marshall: Pre trial conference is continued to 3/28/05 at 2:30.Court Reporter: n/a. (pg, ) (Entered: 03/02/2005)

OPPOSITION to MOTION IN LIMINE #1 to Exclude any and all evidence or testimony of Sargent Ferguson 83 filed by Defendant Ventura County and Bob Brooks. (yl, ) (Entered: 03/04/2005)

MEMORANDUM Of Contentions of Fact and Law re MOTION IN LIMINE #1 to Exclude any and all evidence or testimony of Sargent Ferguson 83 filed by Defendants Ventura County, Bob Brooks. (yl, ) (Entered: 03/04/2005)

NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Any and all Evidence or Testimony Regarding Any Excuses or Justifications that the Defendants' may have Had in Strip Searching Plaintiff and the Class filed by Plaintiffs and the Class Juan Gamino, Kathy Conley and Ed Ferrel. Motion set for hearing on 3/28/2005 at 02:30 PM before Honorable Consuelo B. Marshall.(yl, ) (Entered: 03/08/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Consuelo B. Marshall : Plaintiff's Motion in Limine #3 is submitted without oral argument as of 3/28/2005. Opposition to the Motion shall be filed on or before 3/14/2005, Reply, if any, shall be filed on or before 3/21/2005. (yl, ) (Entered: 03/08/2005)

OPPOSITION to plaintiffs MOTION IN LIMINE (#3) to Exclude Any and all Evidence or Testimony Regarding Any Excuses or Justifications that the Defendants' may have Had in Strip Searching Plaintiff and the Class 92 filed by defendants Ventura County, Bob Brooks. (pj, ) (Entered: 03/16/2005)

REPLY TO DEFENDANTS OPPOSITION TO MOTION IN LIMINE #1 to Exclude any and all evidence or testimony of Sargent Ferguson 83 filed by Plaintiffs Juan Gamino, Kathy Conley. (pj, ) (Entered: 03/17/2005)

REPLY to opposition to MOTION IN LIMINE (#3) to Exclude Any and all Evidence or Testimony Regarding Any Excuses or Justifications that the Defendants' may have Had in Strip Searching Plaintiff and the Class 92 filed by plaintiffs Juan Gamino, Kathy Conley, Ed Ferrel. (jag, ) (Entered: 03/24/2005)

MINUTES by Judge Consuelo B. Marshall: Pretrial conference is continued to 4/11/05 at 3:00pm. Court Reporter: n/a. (jag, ) (Entered: 03/24/2005)

MINUTES by Judge Consuelo B. Marshall; Pretrial conference is CONTINUED to 5/23/05 at 3:00pm.Court Reporter: n/a. (jag, ) (Entered: 04/07/2005)

MINUTES OF IN CHAMBERS ORDER by Judge Consuelo B. Marshall :The Jury Trial in the above mentioned matter is continued to 6/14/2005 at 10:00 AM before Honorable Consuelo B. Marshall. IT IS SO ORDERED. (yl, ) (Entered: 04/20/2005)

MINUTES before Judge Consuelo B. Marshall: Pretrial Conference. On the Court own motion, Pretrial Conference is CONTINUED to June 27, 2005 at 03:00 PM. Court Reporter: Not Appearanced. (jp, ) (Entered: 05/19/2005)

MINUTES before Judge Consuelo B. Marshall: Upon consideration of the papers submitted, Plaintiffs MOTION IN LIMINE #1 to Exclude any and all evidence or testimony of Sargent Ferguson 83 is GRANTED. IT IS SO ORDERED. Court Reporter: None present. (jp, ) (Entered: 05/24/2005)