Steven C. Emery v. Harris
Filing
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ORDER Defendants' Witness List, signed by Magistrate Judge Jennifer L. Thurston on 11/26/13. (Verduzco, M)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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1:10-cv-01947-JLT (PC)
STEVEN C. EMERY,
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ORDER DEFENDANTS’ WITNESS LIST
Plaintiff,
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v.
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HARRIS,
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Defendant.
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On November 22, 2013, Defendant filed his pretrial statement. (Doc. 57) He lists
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numerous witnesses that he intends to call. Id. at 6-7. However, he also lists, “Other Drs. from
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John D. Klarich Memorial Hospital, (i) Other Drs. from California Substance Abuse and
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Treatment Facility, (j) Other eye witnesses.” Id. at 7. This is unacceptable.
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Local Rule 281(10) requires the parties to identify in their respective pretrial statements,
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“Witnesses. A list (names and addresses) of all prospective witnesses, whether offered in person
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or by deposition or interrogatory, designating those who are expert witnesses. Only witnesses so
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listed will be permitted to testify at the trial, except as may be otherwise provided in the pretrial
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order.” Thus, broadly describing categories of witnesses who may testify, does not comply with
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the Rule.
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Thus, if there are other witnesses he wishes to call at trial who are not listed in
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Defendant’s pretrial statement specifically by name, he is permitted to file a supplement to his
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pretrial statement identifying these additional witnesses in a manner that complies with Local
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Rule 281(10) no later than December 4, 2013. Defendant is advised that he will not be
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permitted to call any witness at trial who was not identified in his pretrial statement in a
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manner that complies with Local Rule 281.
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IT IS SO ORDERED.
Dated:
November 26, 2013
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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