Steven C. Emery v. Harris

Filing 60

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

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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

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