Landau v. Voss et al

Filing 153

ORDER Prohibiting Anyone but Plaintiff to Participate in Jerome Rogers' Deposition on February 24, 2014 signed by Magistrate Judge Dennis L. Beck on 02/20/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SID LANDAU,
Plaintiff,

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v.

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ORDER PROHIBITING ANYONE BUT
PLAINTIFF TO PARTICIPATE IN
JEROME ROGERS’ DEPOSITION ON
FEBRUARY 24, 2014

W.T. VOSS, et al.,

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Case No. 1:07-cv-00815-AWI-DLB PC

Defendants.
_____________________________________/

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Plaintiff Sid Landau (“Plaintiff”) is a civil detainee proceeding pro se and in forma
pauperis in this civil action pursuant to 42 U.S.C. § 1983. This action is proceeding against
Defendants James Forrest and Leo Adcock for excessive force in violation of the Fourteenth
Amendment. Plaintiff’s claim arises out of Defendants’ alleged use of excessive force while he
was at Coalinga State Hospital (“CSP”) on December 15, 2006 when they forcibly removed him
from a latrine. This case is currently set for trial on March 18, 2014.
On February 10, 2014, the Court reopened discovery for the limited purpose to allow
Defendants to take the deposition of Jerome Rogers, a percipient witness disclosed by Plaintiff.
Mr. Rogers’ deposition is now scheduled for February 24, 2014, at the West Valley Detention
Center in Rancho Cucamonga, California. On February 18, 2014, Defendants requested an order
from the Court prohibiting anyone but Plaintiff from participating in Jerome Rogers’ deposition.
(ECF No. 151.) Defendants argue that in the past, at a previous deposition and at a settlement

1 conference in this matter, Mr. Lawrence Lowe and Mr. Mark Sokowlsky have appeared with
2 Plaintiff and have interfered with the judicial process. Neither of these individual is a licensed
3 attorney and Defendants want to ensure that the deposition of Jerome Rogers proceeds without
4 any interference from either one of these two individuals. Defendants do not have any objections
5 to other individuals being present in the room with Plaintiff, so long as it is for the limited purpose
6 of assisting Plaintiff with his hearing disability.
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Accordingly, it is HEREBY ORDERED that no one but Plaintiff may participate in the

8 deposition of Jerome Rogers, scheduled for February 24, 2014, except for the limited purpose of
9 assisting Plaintiff with his hearing disability.
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IT IS SO ORDERED.

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Dated:

/s/ Dennis

February 20, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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