Ziehlke v. The City of Angels Camp et al

Filing 45

ORDER Re: Testimony of Plaintiff's Expert, Jack Smith 44 signed by Magistrate Judge Gary S. Austin on 12/3/2009. (Esteves, C)

1 Bradley A. Post, Esq. # 127028 BORTON PETRINI, LLP 2 1104 12th Street Modesto, California 95354 3 Telephone: [phone] Attorneys for Defendants, CITY OF ANGELS CAMP, 5 CHRIS COMFORT and, TONY TACHEIRA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 The Court, having read and considered the "Stipulation Re: Testimony of Plaintiff's v. THE CITY OF ANGELS CAMP, and CHRIS COMFORT, individually and as employee of the CITY OF ANGELS CAMP, TONY TACHEIRA, individually and as the CHIEF OF POLICE OF THE CITY OF ANGELS CAMP, and DOES 1 through 20, inclusive, TRIAL: March 16, 2010 Defendants MICHAEL ZIEHLKE, Plaintiff Case No. 1:08-CV-01802-AWI-GSA ORDER RE: TESTIMONY OF PLAINTIFF'S EXPERT, JACK SMITH IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

20 Expert Witness, Jack Smith", duly entered between the parties, and Good Cause Appearing; 21 IT IS ORDERED that plaintiff shall not call Jack Smith during the presentation of

22 plaintiff's case in chief at the trial in this matter. Plaintiff may call said expert at the trial in this 23 action only to rebut the opinion testimony of any defense expert which may be called by defendants 24 during the presentation of their case in chief. 25 26 27 28
K:\GSA\To_Be_Signed\08C V1802.RE.TESTIMONY.S MITH.GSA.ce.wpd

IT IS SO ORDERED. Dated: 6i0kij

December 3, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 1
O R D E R RE: PLAINTIFF'S EXPERT, JACK SMITH