Cole v. Munoz et al

Filing 89

ORDER Denying 64 Defendants' Motion in Limine to Exclude Incarcerated Witness, Patrick Brady; ORDER Reopening Discovery for the Limited Purpose of Deposing Patrick Brady, signed by Magistrate Judge Stanley A Boone on 3/4/13. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JAMES COLE,

CASE NO. 1:09-cv-00476-SAB (PC)

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Plaintiff,

ORDER DENYING DEFENDANTS’ MOTION
IN LIMINE TO EXCLUDE INCARCERATED
WITNESS, PATRICK BRADY

LIEUTENANT MUNOZ, et al.,

ORDER REOPENING DISCOVERY FOR
THE LIMITED PURPOSE OF DEPOSING
PATRICK BRADY

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v.
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Defendants.
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/
(ECF No. 64.)

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This civil rights action proceeds on Plaintiff James Cole’s complaint filed on March 13,

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2009. Plaintiff, an inmate in the custody of the California Department of Corrections and

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Rehabilitation (CDCR), brings this action pursuant to 42 U.S.C. § 1983 against correctional officials

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for the violation of his federal constitutional rights.

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On January 25, 2013, Defendants brought a motion in limine to exclude incarcerated witness,

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Patrick Brady. (ECF No. 64.) On February 11, 2013, Plaintiff filed an opposition to the motion in

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limine. (ECF No. 76.) On February 25, 2013, Defendants filed a reply. (ECF No. 82.) On March

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4, 2013, the Court held an advanced telephonic hearing on the issue of whether to allow incarcerated

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witness Patrick Brady to testify at trial, despite not having been disclosed by the Plaintiff to

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Defendants during discovery.

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The Court, having considered the filings and having heard the arguments of the parties, finds

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that based upon the record presently established and the interest of justice that Patrick Brady should

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be allowed to testify at trial on behalf of Plaintiff.

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IT IS HEREBY ORDERED that

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1.

DENIED;

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2.

Discovery is REOPENED for the limited purpose of allowing the Defendants to
depose incarcerated witness, Patrick Brady;

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Defendants’ motion in limine to exclude incarcerated witness, Patrick Brady, is

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The Clerk’s office shall issue an order and writ of habeas corpus ad testificandum

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to transport incarcerated witness, Patrick Brady #J89194, to Courtroom 9 on April

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2, 2013, by 8:00 a.m.;

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4.

The Clerk’s office shall issue an order and writ of habeas corpus ad testificandum

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to transport incarcerated Plaintiff, James Cole #T64763, to Courtroom 9 on April

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2, 2013, by 8:00 a.m.; and

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5.

To the extent that Defendants find that after conducting the deposition of Patrick

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Brady that Mr. Brady’s testimony would be irrelevant or otherwise inadmissible,

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Defendants may bring a motion to the Court on shortened time to reconsider the

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matter of whether the testimony should be excluded at trial.

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IT IS SO ORDERED.
Dated:
i1eed4

March 4, 2013
UNITED STATES MAGISTRATE JUDGE

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