Steven C. Emery v. Harris

Filing 60

ORDER Defendants' Witness List, signed by Magistrate Judge Jennifer L. Thurston on 11/26/13. (Verduzco, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

1:10-cv-01947-JLT (PC)

STEVEN C. EMERY,

12

ORDER DEFENDANTS’ WITNESS LIST

Plaintiff,

13

v.

14

HARRIS,

15

Defendant.

16
17

On November 22, 2013, Defendant filed his pretrial statement. (Doc. 57) He lists

18

numerous witnesses that he intends to call. Id. at 6-7. However, he also lists, “Other Drs. from

19

John D. Klarich Memorial Hospital, (i) Other Drs. from California Substance Abuse and

20

Treatment Facility, (j) Other eye witnesses.” Id. at 7. This is unacceptable.

21

Local Rule 281(10) requires the parties to identify in their respective pretrial statements,

22

“Witnesses. A list (names and addresses) of all prospective witnesses, whether offered in person

23

or by deposition or interrogatory, designating those who are expert witnesses. Only witnesses so

24

listed will be permitted to testify at the trial, except as may be otherwise provided in the pretrial

25

order.” Thus, broadly describing categories of witnesses who may testify, does not comply with

26

the Rule.

27

Thus, if there are other witnesses he wishes to call at trial who are not listed in

28

Defendant’s pretrial statement specifically by name, he is permitted to file a supplement to his
1

1

pretrial statement identifying these additional witnesses in a manner that complies with Local

2

Rule 281(10) no later than December 4, 2013. Defendant is advised that he will not be

3

permitted to call any witness at trial who was not identified in his pretrial statement in a

4

manner that complies with Local Rule 281.

5
6
7

IT IS SO ORDERED.
Dated:

November 26, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2