Fratus v. Peterson et al

Filing 188

ORDER, signed by District Judge Roslyn O. Silver on 1/22/2015. (Case Management Deadline: 1/26/2015) (Martin-Gill, S)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 John Fratus, Plaintiff, 10 11 vs. 12 Sergeant Peterson, et al., 13 Defendants. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-08-1500-ROS ORDER 15 16 The parties recently filed their joint statement outlining the witnesses and evidence 17 they plan on presenting at the January 30, 2015 hearing. According to that statement, 18 Plaintiff wishes to call four witnesses: Sergeant Battle, Officer Baily, Kevin Maurice Rhodes, 19 and Megan White. Sergeant Battle has retired and relocated to Ohio. Securing his 20 attendance at the evidentiary hearing appears impractical and Plaintiff will not be allowed 21 to call him. In addition, the record fails to show how testimony from Kevin Maurice Rhodes 22 or Megan White would be relevant to this case. Thus, Plaintiff will not be allowed to call 23 those witnesses. Finally, Plaintiff claims he delivered his initial grievance form to Officer 24 Bailey on January 21, 2007. Officer Bailey, therefore, may have information relevant to the 25 exhaustion issue. Defendants will be required to arrange for Officer Bailey to appear at the 26 evidentiary hearing or provide an explanation why they are unable to do so. If they are 27 unable to secure his attendance, Defendants should indicate Officer Bailey’s contact 28 information such that he can be subpoenaed. 1 Accordingly, 2 IT IS ORDERED no later than January 26, 2015 Defendants shall file a statement 3 indicating they will arrange for Officer Bailey to appear at the evidentiary hearing or provide 4 an explanation for why they are unable to do so. If necessary, Defendants should indicate 5 Officer Bailey’s contact information such that he can be subpoenaed. 6 DATED this 22nd day of January, 2015. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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