Hill v. Clark et al

Filing 58

ORDER for Defendants to Respond to Plaintiff's Assertion and Provide Copy of Declaration, if Any, to Court, signed by Magistrate Judge Erica P. Grosjean on 11/12/15. Deadline 11/18/2015. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHNATHAN HILL,

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Plaintiff,

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vs.

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C/O A. RIVAS,

ORDER FOR DEFENDANTS TO RESPOND
TO PLAINTIFF’S ASSERTION AND
PROVIDE COPY OF DECLARATION, IF
ANY, TO COURT

C/O J. CLARK and

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1:13-cv-00386-EPG-PC

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Deadline: November 18, 2015

Defendants.

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This case is scheduled for a telephonic trial confirmation hearing on November 19,

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2015 at 9:30 a.m. in Courtroom 10. Pending is Plaintiff’s motion for the attendance of an

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incarcerated witness, filed on September 10, 2015. (ECF No. 55.) Defendants have not filed

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an opposition to the motion.

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In the motion, Plaintiff requests the Court to transport inmate witness, Dewayne

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Thompson, T-12115, to testify at trial on Plaintiff’s behalf in this action. Plaintiff claims that

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inmate Thompson has actual knowledge of the excessive force incident upon which this case

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proceeds, and Plaintiff asserts that Defendants are in possession of a declaration written by

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inmate Thompson, concerning Thompson’s knowledge of the incident.
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Defendants shall be required to file a response to Plaintiff’s assertion that they are in

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possession of inmate Thompson’s declaration concerning Thompson’s knowledge of the

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excessive force incident, and to provide the Court with a copy of the declaration, if any, on or

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before November 18, 2015, for discussion at the November 19, 2015 hearing.

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Accordingly, IT IS HEREBY ORDERED that Defendants shall file a response to

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Plaintiff’s assertion that they are in possession of inmate Thompson’s declaration concerning

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Thompson’s knowledge of the excessive force incident upon which this case proceeds, and to

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provide the Court with a copy of the declaration, if any, on or before November 18, 2015, for

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discussion at the November 19, 2015 hearing.

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IT IS SO ORDERED.
Dated:

November 12, 2015

/s/
UNITED STATES MAGISTRATE JUDGE

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