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:
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March 4, 2013
UNITED STATES MAGISTRATE JUDGE
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