Asora v. Ugwueze, et al.

Summary

This document is a Second Amended Pretrial Order in Aerith Natalia Asora v. G. Ugwueze, et al., a federal civil rights action in the Eastern District of California involving alleged deliberate indifference to serious medical needs, medical negligence, and battery. It identifies the parties’ undisputed and disputed facts and legal issues, anticipated witnesses and exhibits, discovery materials, requested relief, and trial procedures. The order sets a jury trial for August 26, 2025, and establishes related filing and exchange deadlines.

Holdings

1. A motion in limine should be granted and the challenged evidence barred only if the moving party establishes that the evidence is clearly inadmissible for any valid purpose.
2. Plaintiff had not demonstrated that appointment of an impartial expert was necessary at that time, so the request was denied without prejudice to filing a formal motion within the applicable motion-in-limine deadlines.
3. Plaintiff's renewed request for appointment of counsel was denied for the reasons stated in the court's prior orders.
4. Plaintiff, proceeding pro se, is not entitled to attorney's fees.

Questions Presented

1. What issues, facts, witnesses, exhibits, and deadlines should govern the upcoming jury trial?
2. What standard should govern anticipated motions in limine?
3. Whether Plaintiff had shown grounds for appointment of an impartial medical expert under Federal Rule of Evidence 706.
4. Whether Plaintiff was entitled to appointment of counsel to assist with locating and presenting witnesses.
5. Whether Plaintiff, proceeding pro se, was entitled to attorney's fees.

Disposition

other