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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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John Fratus,
Plaintiff,

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vs.

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Sergeant Peterson, et al.,
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Defendants.
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No. CV-08-1500-ROS
ORDER

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The parties recently filed their joint statement outlining the witnesses and evidence

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they plan on presenting at the January 30, 2015 hearing. According to that statement,

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Plaintiff wishes to call four witnesses: Sergeant Battle, Officer Baily, Kevin Maurice Rhodes,

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and Megan White. Sergeant Battle has retired and relocated to Ohio. Securing his

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attendance at the evidentiary hearing appears impractical and Plaintiff will not be allowed

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to call him. In addition, the record fails to show how testimony from Kevin Maurice Rhodes

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or Megan White would be relevant to this case. Thus, Plaintiff will not be allowed to call

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those witnesses. Finally, Plaintiff claims he delivered his initial grievance form to Officer

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Bailey on January 21, 2007. Officer Bailey, therefore, may have information relevant to the

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exhaustion issue. Defendants will be required to arrange for Officer Bailey to appear at the

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evidentiary hearing or provide an explanation why they are unable to do so. If they are

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unable to secure his attendance, Defendants should indicate Officer Bailey’s contact

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information such that he can be subpoenaed.

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Accordingly,

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IT IS ORDERED no later than January 26, 2015 Defendants shall file a statement

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indicating they will arrange for Officer Bailey to appear at the evidentiary hearing or provide

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an explanation for why they are unable to do so. If necessary, Defendants should indicate

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Officer Bailey’s contact information such that he can be subpoenaed.

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DATED this 22nd day of January, 2015.

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