McElroy v. Cox et al

Filing 145

ORDER GRANTING 144 Defendants' Request to Substitute Trial Witness signed by District Judge Lawrence J. O'Neill on 5/22/2012. Dr. J. Zweifler is substituted in place of trial witness Dr. M. Spaeth. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LATWAHN McELROY,

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1:08-cv-01221-LJO-GSA-PC

Plaintiff,

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v.

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ORDER GRANTING DEFENDANTS’
REQUEST TO SUBSTITUTE TRIAL
WITNESS
(Doc. 144.)

ROY COX, et al.,
ORDER SUBSTITUTING DR. J. ZWEIFLER
IN PLACE OF TRIAL WITNESS DR. M.
SPAETH

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Defendants.
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/
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This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Latwahn McElroy

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(Plaintiff), a state prisoner proceeding pro se and in forma pauperis. This case is scheduled for jury

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trial to commence on June 19, 2012 at 8:30 a.m. before District Judge Lawrence J. O’Neill. On May

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21, 2012, Defendants filed a request to substitute one of their trial witnesses. (Doc. 144.)

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Defendants request to substitute Dr. J. Zweifler in place of their trial witness Dr. M. Spaeth.

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Under the Court’s Pretrial Order, one of Defendants’ trial witnesses is Dr. M. Spaeth, who is to

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provide an expert opinion based upon her review of Plaintiff’s medical records. (Declaration of

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Phillip A. Arthur, Doc. 144 at ¶¶2, 3.) Defendants request a substitution based on Dr. M. Spaeth’s

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determination that attending trial will place an undue burden upon her because she will be required

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to travel eighty miles each way to and from trial, and she will be unable to provide medical care to

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the inmate-patients at Kern Valley State Prison during her absence. (Id. at ¶4.) Defendants assert
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that Dr. J. Zweifler, a certified family physician and executive physician for the California

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Correctional Healthcare System, is willing and able to testify at trial on June 19, 2012 in this action

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and will provide the same testimony expected of Dr. M. Spaeth. (Id. at ¶5.)

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Good cause having been presented to the Court, and GOOD CAUSE APPEARING
THEREFOR, IT IS HEREBY ORDERED that:

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1.

Defendants’ request to substitute one of their trial witnesses is GRANTED; and

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2.

Dr. J. Zweifler is now substituted in place of Defendants’ trial witness Dr. M. Spaeth.

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IT IS SO ORDERED.

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Dated:
b9ed48

May 22, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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