Opinion
2:23-cv-00017-MJP
06-11-2024
DEREK TUCSON, ROBIN SNYDER, MONSIEREE DE CASTRO, and ERIK MOYA-DELGADO, Plaintiffs, v. CITY OF SEATTLE, ALEXANDER PATTON, DYLAN NELSON, RYAN KENNARD, and MICHELE LETIZIA, Defendants. INCIDENT PHOTOS AND STILLS ARREST AND BOOKING DOCUMENTATION INCIDENT VIDEOS BOOKING POLICY DOCUMENTS CHALKING POLICY AND PRACTICE MISCELLANEOUS DAMAGES SUPPLEMENTAL EXHIBITS ADDITIONAL VIDEOS DISCLOSED BY DEFENDANTS 6/3/2024 AND 6/4/2024
MacDONALD HOAGUE & BAYLESS THE LAW OFFICE OF NEIL FOX Nathaniel Flack, WSBA #58582 Neil Fox, WSBA #15277 Kerala Cowart, WSBA# 53649 Joseph D. Everett, WSBA# 38248 Assistant City Attorneys Attorneys for Defendant City of Seattle, Alexander Patton, Dylan Nelson, Ryan Kennard, and Michele Letizia
Marsha J. Pechman United States Senior District Judge
MacDONALD HOAGUE & BAYLESS THE LAW OFFICE OF NEIL FOX Nathaniel Flack, WSBA #58582 Neil Fox, WSBA #15277 Kerala Cowart, WSBA# 53649 Joseph D. Everett, WSBA# 38248 Assistant City Attorneys Attorneys for Defendant City of Seattle, Alexander Patton, Dylan Nelson, Ryan Kennard, and Michele Letizia
AMENDED AGREED PRETRIAL ORDER
Marsha J. Pechman United States Senior District Judge
JURISDICTION
This Court has Jurisdiction pursuant to 28 U.S.C. § 1331.
CLAIMS AND DEFENSES
Plaintiffs will pursue at trial the following claims:
1. Violation of the First Amendment - Retaliatory Arrest - Defendants Letizia, Patton, and Nelson.
Derek Tucson against Michele Letizia and Alexander Patton.
Robin Snyder against Michele Letizia and Dylan Nelson.
Monsieree DeCastro against Michele Letizia and Dylan Nelson. Erik Moya-Delgado against Michele Letizia.
2. Violation of the First Amendment - Retaliatory Booking - Defendants Kennard, Patton, and Nelson.
Derek Tucson against Ryan Kennard, Dylan Nelson, and Alexander Patton.
Robin Snyder against Ryan Kennard, and Alexander Patton.
Monsieree DeCastro against Ryan Kennard and Alexander Patton.
Erik Moya-Delgado against Ryan Kennard, Dylan Nelson, and Alexander Patton.
3. Violation of the First Amendment - Monell Claims against City of Seattle for Retaliatory Booking.
4. Violation of the First Amendment - As Applied Challenge (injunctive relief).
ADMITTED FACTS
1. Seattle Police Department (SPD) officers arrested all four Plaintiffs for chalk or charcoal writing on a wall January 1, 2021.
2. Seattle Police Department (SPD) officers transported all four Plaintiffs to King County Jail for booking.
ISSUES OF LAW-PLAINTIFF
1. Whether SMC 12A.08.020.A.2 violates the First Amendment as applied to Plaintiffs' chalk writing in the public forum.
2. Whether SMC 12A.08.020.A.2 violates the Fourteenth Amendment as applied to Plaintiffs' chalk writing in the public forum.
3. Whether Defendants' enforcement of SMC 12A.08.020.A.2 against political chalking in the public should be enjoined.
4. Motions in limine - the Court will be called on to resolve disputed motions in limine.
5. Jury instructions - the parties may have legal disputes relating to to jury instructions.
ISSUES OF LAW-DEFENDANT
1. Whether plaintiffs present sufficient evidence to support a jury verdict on their claims.
2. Whether defendants present sufficient evidence to support a jury verdict on their affirmative defenses.
3. Evidentiary issues presented by the parties, including motions in limine.
4. The jury instructions, verdict form, and special interrogatories.
WITNESSES
The names and addresses of witnesses, other than experts, to be used at the time of trial and the general nature of the testimony of each are:
Plaintiffs' Witnesses - Will Testify:
• Derek Tucson. Contact c/o Plaintiffs' counsel. Mr. Tucson will testify regarding the circ*mstances of his arrest and booking into jail by SPD on January 1, 2021; the damages suffered therefrom, including emotional harm; other incidents of actual and planned chalking and political speech; the chilling effect on his speech as a result of his arrest and the City's related policies and practices; the emotional harm and damages suffered as a result of the arrest and booking; and the authentication of various documents.
• Robin Snyder. Contact c/o Plaintiffs' counsel. Ms. Snyder will testify regarding the circ*mstances of her arrest and booking into jail by SPD on January 1, 2021; the damages suffered therefrom, including emotional harm; other incidents of actual and planned chalking and political speech; the chilling effect on her speech as a result of his arrest and the City's related policies and practices; the emotional harm and damages suffered as a result of the arrest and booking; and the authentication of various documents.
• Monsieree De Castro. Contact c/o Plaintiffs' counsel. Ms. De Castro will testify regarding the circ*mstances of her arrest and booking into jail by SPD on January 1, 2021; the damages suffered therefrom, including emotional harm; other incidents of actual and planned chalking and political speech; the chilling effect on her speech as a result of his arrest and the City's related policies and practices; the emotional harm and damages suffered as a result of the arrest and booking; and the authentication of various documents.
• Erik Moya-Delgado. Contact c/o Plaintiffs' counsel. Mr. Moya-Delgado will testify regarding the circ*mstances of his arrest and booking into jail by SPD on January 1, 2021; the damages suffered therefrom, including emotional harm; other incidents of actual and planned chalking and political speech; the chilling effect on his speech as a result of his arrest and the City's related policies and practices; the emotional harm and damages suffered as a result of the arrest and booking; and the authentication of various documents.
• Caedmon Cahill. Contact c/o Defendants' counsel. Ms. Cahill will testify regarding her role as a Policy Advisor for the City of Seattle during 2020 and 2021; COVID-19 booking restrictions; her investigation into the City bookings of protestors in violation of the COVID-19 booking restrictions; her efforts to bring these violations to the attention of SPD and the City of Seattle Mayor's Office; the nature of the response she received from SPD and the Mayor's office; and the City's policies and practices with regard to booking into King County Jail during 2020 and 2021.
• Michele Letizia. Contact c/o Defendants' counsel. Officer Letizia is expected to testify about the facts and circ*mstances of the arrests of Plaintiffs; his observations of Plaintiffs through a security camera prior to and during the arrests; his communications with other officers regarding the same; the reason for the arrests; and the culture within the East Precinct as of January 2021; and the City's policy and practice with respect to chalk writing; the exercise of his discretion in making arrest and booking decisions.
• Jamison Maehler. Contact c/o Defendants' counsel. Officer Maehler is expected to testify about the facts and circ*mstances of the arrests of Plaintiffs; the reason for the arrests and booking of Plaintiffs; the culture within the East Precinct as of January 2021; the East Precinct break room or bike room; the presence of certain political materials within that room; the presence of Chief of Police Carmen Best within that room; and the City's policy and practice with respect to chalk writing; the exercise of his discretion in making arrest and booking decisions.
• Ryan Kennard. Contact c/o Defendants' counsel. Sgt. Kennard is expected to testify about the facts and circ*mstances of the arrests of Plaintiffs; the reason for the arrests and booking of Plaintiffs; the booking policies and practices at SPD as of January 2021; the culture within the East Precinct as of January 2021; and the City's policy and practice with respect to chalk writing; the exercise of his discretion in making arrest and booking decisions.
• Dylan Nelson. Contact c/o Defendants' counsel. Officer Nelson is expected to testify about the facts and circ*mstances of the arrests of Plaintiffs; the reason for the arrests and booking of Plaintiffs; the culture within the East Precinct as of January 2021; the booking and arrest policies in place at SPD and the East Precinct as of January 2021; and the City's policy and practice with respect to chalk writing; the exercise of his discretion in making arrest and booking decisions.
• Alexander Patton. Contact c/o Defendants' counsel. Officer Patton may testify about the facts and circ*mstances of the arrests of Plaintiffs; the reason for the arrests and booking of Plaintiffs; the culture within the East Precinct as of January 2021; the booking and arrest policies in place at SPD and the East Precinct as of January 2021; and the City's policy and practice with respect to chalk writing; the exercise of his discretion in making arrest and booking decisions.
• Daniel Clark. 206-466-8396. Mr. Clark is expected to testify about the authentication of certain exhibits relating to incidents of arrest or threatened arrest for political chalking.
• Ryan Barrett. Contact c/o Defendants' counsel. Officer Barrett may testify about the facts and circ*mstances of the arrests of Plaintiffs; the reason for the arrests and booking of Plaintiffs; the culture within the East Precinct as of January 2021; the booking and arrest policies in place at SPD and the East Precinct as of January 2021; access to the precinct's bike/break room containing improper political materials; the City's policy and practice with respect to chalk writing; the exercise of his discretion in making arrest and booking decisions.
Defendants' Witnesses - Will Testify (but not as part of case-in-chief):
Captain Lori Aagard c/o Kerala Cowart, Assistant City Attorney Seattle City Attorney's Office 701 Fifth Avenue, Suite 2050 Seattle, WA 98104-7095
Pursuant to the Court's guidance at the June 5 pretrial conference, Defendants will call Capt. Aagard in response to Plaintiffs' video deposition clips in lieu of live testimony. Defendants anticipate that it will be faster to present live witness testimony from Capt. Aagard within the scope of Plaintiffs' video deposition designations than it would be to present a series of responsive counter designations.
Paul Jackson, Director of Graffiti Programs c/o Kerala Cowart, Assistant City Attorney Seattle City Attorney's Office 701 Fifth Avenue, Suite 2050 Seattle, WA 98104-7095
Pursuant to the Court's guidance at the June 5 pretrial conference, Defendants will call Director Paul Jackson in response to Plaintiffs' video deposition clips in lieu of live testimony. Defendants anticipate that it will be faster to present live witness testimony from Mr. Jackson within the scope of Plaintiffs' video deposition designations than it would be to present a series of responsive counter designations.
PLAINTIFFS' TRIAL EXHIBITS
Plaintiffs identify the following trial exhibits, which they intend to present to the jury in electronic format:
Ex. #
Description
Authenticity
Admissibility
Objection
Admitted
INCIDENT PHOTOS AND STILLS
1
Photos of chalk writing (PL000057, CITY_000417, CITY_000421, CITY_000422, CITY_000423, CITY_000424)
None
2
Screen shot of Trump Flag in East Precinct (still from Dkt. 81-5, CITY_000912)
MIL, 401, 402, 403
3
Screen shot of tombstone in East Precinct (Dkt. 81-6, CITY_000912)
MIL, 401, 402, 403
4
Still showing police presence (from PL_000164)
None
5
Still showing police presence, (from CITY_000879)
None
ARREST AND BOOKING DOCUMENTATION
6
Arrest reports (CITY_000461- 463, 496-498, 491--493, 465-467)
None
7
Booking receipts (CITY_000473, 476, 479, 488)
None
8
Kennard screening report and screening forms (CITY_000457, CITY_000499-506)
None
9
Barrett property inventory (CITY_000459)
None
10
Nelson statement (CITY_000474-475)
None
11
Nelson inventory of livestream video (CITY_000477-478)
None
12
Patton statement (CITY_000480-481)
None
13
Letizia statement (CITY_000494)
None
14
Booking verifications (CITY_000507, 508, 509, 510, 511)
Stipulate to admit exhibit with summary narrative descriptio n, to avoid need to offer witness to authentica te?
REDACT PII; NONE
15
Incident report and cover sheet (CITY_000489-490, 482-485)
None
16
CAD Report, CITY_000518-527
REDACT PII; NONE
INCIDENT VIDEOS
17
Security camera video, Outsi deEntranceVi ew, CITY_000878
None
18
Security camera video OutsideAlley pt. 1 (Dkt. 81-2, CITY_000879)
None
19
Security camera video OutsideAlley pt. 2 (Dkt. 81-2, CITY_000880)
None
20
Officer Jordon Body Worn Camera video (Dkt. 81-16, CITY_000922, Axon Body 3 Video 2021-01-01 2233)
401, 402, 802 (unless specific clips identified)
21
Officer Patton Body Worn Camera video (Dkt. 96-4, CITY_000921, Axon Body 3 Video 2021-01-01 2233)
MIL, 403 until 00:20. Otherwise None
22
Officer Gregory Body Worn Camera (Axon Body 3 Video 202101-01 2233, CITY_000920) (arrest of DT, with shove)
401, 402, 802 (unless specific clips identified)
23
Officer Barrett Body Worn Camera (produced by defense 5/21/24) (Axon_Body_3_Video_2021-01-01_2235)
None
24
Officer Nguyen Body Worn Camera, CITY_000916, Axon Body 3 Video 2021-01-01 2237
401, 402, 802 (unless specific
clips identified)
25
Officer Nelson Body Worn Camera video (Dkt. 81-17, CITY_000914, Axon Body 3 Video 2021-01-01 2237)
None
26
Maehler Body Worn Camera video (Dkt. 81-5, CITY_000912, Axon Body 3 Video 2021-01-01 2249)
MIL 401, 402, 802 (unless specific clips identified)
27
Officer Gregory Body Worn Camera, (CITY_000909, Axon Body 3 Video 2021-01-01 2249), shove of Moya Delgado
MIL, 401, 402, 403 802
28
Officer Barrett Body Worn Camera video (Dkt. 96-2, CITY_000910, Axon Body 3 Video 2021-01-01 2249)
401, 402, 802 (unless specific clips identified)
29
Officer Nelson Body Worn Camera video (Dkt. 96-3, CITY_000911, Axon Body 3 Video 2021-01-01 2249)
None
30
Officer Barrett Body Worn Camera video (Dkt. 96-1, CITY_000904, Axon_Body_3_Video_2021-01-01_2255-3)
401, 402, 802 (unless specific clips identified)
31
Officer Gregory Body Worn Camera, CITY_000901, Axon Body 3 Video 2021-01-01 2259
401, 402, 802 (unless specific clips identified)
32
Officer Barrett Body Worn Camera video, (CITY_000899, Axon Body 3 Video 2021-01-01 2301)
None
33
Officer Gregory Body Worn Camera video (Dkt. 96-6, CITY_000891, Axon Body 3 Video 2021-01-01 2330)
None
34
ICV -- Snyder and De Castro --CITY_000889, AXON Fleet 2 IR Video 2021-01-01 2333
None
35
ICV - Tucson and Moya Delgado -CITY_000882, 2021- 736_ICV_8596@20210101233325. mpg
Duplicates Ex 34
36
Livestream video, Dkt. 96-5, PL_000164
No Objection to 0:00-4:45, 15:1716:40, or 22:03-23:00 401, 402, 403, 802 to remainder of Exhibit
BOOKING POLICY DOCUMENTS
37
Diaz booking memo, (Dkt. 96-7, CITY_000768-769)
None
38
SPD email re: booking, Mar. 24, 2020, CITY_000770
None
39
May 20, 2020 email “remove booking restrictions,” CITY_012315
403, 802, 805
| 40 | June 5, 2020 Bushaw email, Dkt. 98-8, PL-000524 | Object | 401, 402, 403, 602, 802 | ||
| 41 | June 2020 Notes re: booking restrictions, CITY_005163 | 401, 402, 802 | |||
| 42 | July 6, 2020 email re: bookings, CITY_004513-4517 | 401, 402, 403, 602, 802 | |||
| 43 | Oct. 6, 2020 email from Cahill, CITY_004464-66 | 401, 402, 403, 802 | |||
| 44 | Oct. 8, 2020 Caedmon Cahill email (Dkt. 96-11, CITY_004435-4436) | 401, 402, 403, 802 | |||
| 45 | October 22nd, 2020 Cahill emails. CITY_004484-4487 | 401, 402, 403, 802 | |||
| 46 | Nov. 16, 2020 JAG organizing email, CITY_002294-2296 | 401, 402, 802 | |||
| 47 | Dec. 2 2020 JAG meeting invite, CITY_010329-330 | 401, 402 | |||
| 48 | Dec. 16 2020 JAG meeting invite, CITY_010744-45 | 401, 402 | |||
| 49 | Dec. 16 2020 JAG agenda re: booking restrictions, CITY_012198 | 401, 402 | |||
| 50 | Dec. 21, 2020 email to Kline re: booking restrictions, CITY_012266-7 | 401, 402, 802 | |||
| 51 | Jan. 6, 2021 email re: booking restrictions, CITY_012333-34 | 401, 402, 403, 602, 802 |
52
Jan 6, 2021 email to Julie Kline re booking restrictions, CITY_012282-83
401, 402, 403, 602, 802
53
Jan. 6, 2021 JAG emails and agenda, CITY_009500-503
401, 402, 403, 602, 802
54
Jan. 13, 2021 Caedmon Cahill email (Dkt. 96-12, CITY_012237-39)
401, 402, 403, 802
55
Jan. 20, 2021, Emails with Assistant Chief Mahaffey, CITY_012302-05
401, 402, 403, 802 (scheduling parts ok)
56
Email re: Keith Swank working group participation, CITY_011995-96
401, 402, 403, 802
57
Julie Kline JAG text messages re May 2021 JAG meeting, CITY_004610 et seq.
401, 402, 403, 802
58
Meeting invite for May 2021 JAG meeting CITY-010435-36
401, 402
59
SPD Manual, Section 6.010 (Dkt. 96-31)
401, 402 (not in effect on Jan 2021)
60
Protest Bookings Spreadsheet, CITY_005092
401, 402, 403, 602
61
KOMO Diaz clip, Dep. Exhibit 10
Object
401, 402, 403, 802, 901
62
Evidence Item Scan (Override article) CITY_000403
Object
401, 402, 403, 802, 901
| CHALKING POLICY AND PRACTICE | |||||
| 63 | Chalking photo, PL-000001 | Object | |||
| 64 | Chalking photo, PL-000002 | Object | |||
| 65 | Daniel Clark video of officer chalking, Dkt. 79-1, PL-000581. | None | |||
| 66 | Screenshot from Clark video, from PL-000581 | None | |||
| 67 | City of Seattle webpage regarding chalk Dkt. 96-10 | None | |||
| 68 | SPD Twitter post regarding chalk, PL-00008 | None | |||
| 69 | Tire chalking video (March), Dkt. 108-1, PL-000815 | 401, 402, 403 | |||
| 70 | Second video of tire chalking (April), PL-000816 | 401, 402, 403 | |||
| 71 | Photo of tire chalking, PL-000817 | 401, 402, 403 | |||
| 72 | Tire chalking photo, PL-000519 | 401, 402, 403 | |||
| 73 | Tire chalking photo, PL-000007. | 401, 402, 403 | |||
| 74 | Video of Lt. Brooks chalking arrest warning, Dkt. 38-1, PL-000165 | Object | 403 | ||
| 75 | KOMO video of chalking, PL000046. | object | 401, 402, 403, 602, 901 | ||
| 76 | Patton body camera of Clark arrest, CITY_000943 | 401, 402, 403 |
| MISCELLANEOUS | |||||
| 77 | RCW 42.52.180 - Use of public resources | MIL, 401, 402, 403 | |||
| 78 | SMC 4.16.070 - Code of Ethics | MIL, 401, 402, 403 | |||
| 79 | SPD Policy 5.060 - Employee Political Activity | MIL, 401, 402, 403 | |||
| 80 | OPA Case Summary, No. 2021OPA-0013, Dkt. 96-33 | MIL, 401, 402, 403, 802 | |||
| 81 | Trump Twitter post, Dkt. 96-32 | object | MIL, 401, 402, 403, 802, 901 | ||
| 82 | Video of barricade construction (viewed and discussed in Jackson 30(b)(6) Dep.) | object | MIL, 401, 402, 901 | ||
| 83 | Spreadsheet with DOT closure permits, PL-000134 | object | 401, 402, 403, 602, 802, | ||
| 84 | Barricade complaints, PL-000136, 137, 135 | object | 401, 402, 403, 602, 802, 901 | ||
| 85 | Officer Gregory OPA Interview, CITY_004703 - CITY_004720 | 802 | |||
| 86 | Officer Barrett OPA Interview, CITY_004721 - CITY_004740 | 802 | |||
| 87 | Officer Nelson OPA Interview, CITY_004640 - CITY_004662 | 401, 402, 403, unless Plfs identify excerpts |
| 88 | Officer Letizia OPA Interview, CITY_004683 - CITY_004702 | 401, 402, 403, unless Plfs identify excerpts | |||
| 89 | Officer Nguyen OPA Interview, CITY_004663 - CITY_004682 | 802 | |||
| 90 | Body Worn Camera showing full length of barricade wall, Axon Body 3 Video 2020-12-16 0250, CITY_000930 | 401, 402, 403 | |||
| 91 | SPD BWC Policy | 401, 402; version not in effect on Jan 1, 2021 | |||
| 92 | Patton Body Worn Camera showing Gadsden Flag, Axon Body 3 Video 2020-12-16 0239, CITY_000943 | MIL; 401, 402, 403 | |||
| 93 | Gadsden flag “SPD Has Tread on Me” screenshot excerpted from CITY_000943 | MIL; 401, 402, 403 | |||
| 94 | Copy of SMC 12A.08.020 | MIL | |||
| DAMAGES | |||||
| 95 | Plaintiff De Castro progress notes, PL-000646-684 | object | MIL, FRCP 26(a)(1)(A), 701, 901 | ||
| 96 | Plaintiff De Castro invoices, PL-000642-645 | ||||
| 97 | Plaintiff De Castro, Questionnaire/Intake notes, PL-000685-694 | object | MIL, FRCP 26(a)(1), 701, 901 |
| 98 | Plaintiff De Castro, opinion letter, PL-000725 | object | 401, 402, 701, 702, 703, 704, 705, 901, MIL; FRCP 26(a)(2)(B) | ||
| 99 | Plaintiff De Castro, Clinician Administered PTSD Scale, PL-000695-000724 | object | 401, 402, 701, 702, 703, 704, 705, 901, MIL; FRCP 26(a)(2)(B) | ||
| 100 | De Castro Wage Docs, PL-000730808 | object | 401, 402, 901, compound exhibit | ||
| SUPPLEMENTAL EXHIBITS | |||||
| 101 | Maehler Body Worn Camera video, CITY_012364 | 401, 402, 403 (cumulative) | |||
| 102 | Complete arrest documentation, CITY_000453-517 | 401, 402, 802 (document is too long, many irrelevant w/ hearsay, but many parts are admissible) | |||
| ADDITIONAL VIDEOS DISCLOSED BY DEFENDANTS 6/3/2024 AND 6/4/2024 | |||||
| Videos produced on 6/3/2024: | |||||
| 103 | Axon_Body_3_Video_2021-01-01_2242 | irrelevant (401, 402) |
| and waste of time (403) | |||||
| 104 | Axon_Body_3_Video_2021-01-01_2249 | irrelevant (401, 402) and waste of time (403) | |||
| 105 | Axon_Body_3_Video_2021-01-01_2249-4 | irrelevant (401, 402) and waste of time (403) | |||
| 106 | Axon_Body_3_Video_2021-01-01_2253 | irrelevant (401, 402) and waste of time (403) | |||
| 107 | Axon_Body_3_Video_2021-01-01_2253-2 | irrelevant (401, 402) and waste of time (403) | |||
| 108 | Axon_Body_3_Video_2021-01-01_2255 | irrelevant (401, 402) and waste of time (403) | |||
| 109 | Axon_Body_3_Video_2021-01-01_2255-2 | irrelevant (401, 402) and waste of time (403) | |||
| Videos produced on 6/4/2024: | |||||
| 110 | Axon_Body_3_Video_2021-01-01_2240 | irrelevant (401, 402) and waste of time (403) | |||
| 111 | Axon_Body_3_Video_2021-01-01_2332 | irrelevant (401, 402) and waste of time (403) |
DEFENDANTS' TRIAL EXHIBITS
In addition to those identified by Plaintiffs, the Defendants identify the following trial exhibits, which Defendants intend to present to the jury in electronic format:
| Ex. # | Description | Authenticity | Admissibility | Objection | Admitted |
| 200 | Body Worn Video of Mia Nguyen, 11:07 pm; Dkt 94, CITY_000898. Excerpts 11:0911:10, 11:13-15 | Agreed | |||
| 201 | SPD General Offense Report #2021-000736; Dkt 86-16, CITY_000453. | Withdrawn | FRE 401, 402, 403, 801, 802. Plaintiffs have included the relevant and admissibl e excerpts of this packet of document s in their proposed exhibits. | ||
| 202 | Captain Sano Email, dated Aug. 10, 2021; Dkt 103-3, CITY_004742. | Withdrawn | FRE 401, 402, 403, 407, 801 | ||
| 203 | Photos, SPD East Precinct, Dkt 111-1, CITY_000419-CITY_000420, CITY_000422-CITY_000427, and PL-000070. | Agreed |
| 204 | Video of Plaintiff Moya-Delgado marking wall of East Precinct building; PL-000162 | Agreed | |||
| 205 | Excerpt of In-Car Video, Plaintiffs Snyder and DeCastro; CITY_000898. Excerpt 11:3411:39. | Disputed | Document Defendant s produced as exhibit is Bates 899. Object under FRE 401, 403. | ||
| 206 | Body Worn Video of Mia Nguyen, 10:55 pm; Dkt 94, CITY_000903 (excerpt - 10:5510:58pm) | Agreed |
ORDER OF THE COURT
This case is scheduled for trial before a jury on June 12, 2024, at 9:00 a.m. This order has been approved by the parties as evidenced by the signatures of their counsel. This order shall control the subsequent course of the action unless modified by a subsequent order. This order shall not be further amended except by order of the court pursuant to agreement of the parties or to prevent manifest injustice.
