Barnett v. Norman, et al.

Filing 238

ORDER ADDRESSING 233 Plaintiff's Motion for Two-Way Audio/Communication and ORDER VACATING 221 Order Directing Defendants to Arrange for Telecommunications Device for the Deaf for the January 15, 2013 Hearing, signed by Magistrate Judge Barbara A. McAuliffe on 1/7/2013. Defendants are directed to arrange for a speaker phone for Plaintiff to use during the motion in limine hearing set for January 15, 2013, at 10:00 a.m. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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TROAS V. BARNETT,

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CASE NO. 1:05-cv–01022-BAM PC

Plaintiff,

ORDER ADDRESSING MOTION FOR TWOWAY AUDIO/COMMUNICATION

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v.

(ECF No. 233)

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ORDER VACATING ORDER DIRECTING
DEFENDANTS TO AR R ANGE FOR
TELECOMMUNICATIONS DEVICE FOR THE
DEAF FOR THE JANUARY 15, 2013 HEARING

MARTIN GAMBOA, ANGEL DURAN,
and MANUEL TORRES,

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Defendants.
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(ECF No. 221)
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A telephonic motion in limine hearing is set for January 15, 2013, at 10:00 a.m. in Courtroom
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8 in this action. As Plaintiff indicated that he uses a hearing aid and that he experienced some
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difficulty hearing during the October 11, 2012, telephonic hearing, the Court ordered Defendants to
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make arrangements with the litigation coordinator at Kern Valley State Prison for Plaintiff to use a
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telecommunications device for the deaf during the January 15, 2013, hearing. (ECF No. 221.)
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On January 2, 2013, Plaintiff filed the present motion requesting that a speaker phone be
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made available for the motion in limine hearing. (ECF No. 233.) Plaintiff explains that while he
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did experience some difficulty with the tube in his right hearing aid at the October 11, 2012 pre-trial
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hearing, he has since cleared the tube and both of his hearing aids are working at full capacity.
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Plaintiff reports that he is able to hear auditory conversations at a normal range and is capable of
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understanding conversations on a phone with a speaker and volume control. Plaintiff further
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indicates that he does not require a telecommunications device for the deaf and instead requests that

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Defendants “make available a means for two way audio communication transmission via speaker

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phone” at the motion in limine hearing.

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Accordingly, it is HEREBY ORDERED as follows:

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1.

The Court’s December 21, 2012 order directing Defendants to arrange for a

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telecommunications device for the deaf at the January 15, 2013 hearing is

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VACATED; and

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2.

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Plaintiff’s request for two-way audio communication is GRANTED. Defendants are
DIRECTED to arrange for a speaker phone for Plaintiff to use during the motion in

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limine hearing set for January 15, 2013, at 10:00 a.m.

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IT IS SO ORDERED.
Dated:
10c20k

January 7, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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