Hazeltine v. Hicks et al

Filing 117

ORDER Reopening Discovery, signed by District Judge Dale A. Drozd on 7/2/18. Discovery due by 7/31/2018. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICK A. HAZELTINE,

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No. 1:14-cv-00056-DAD-GSA

Plaintiff,
v.

ORDER REOPENING DISCOVERY

IAN YOUNG, BENJAMIN GAMEZ,
RASHAUN CASPER, JULIUS OLDAN,
PORFIRIO SANCHEZ NEGRETE,
DAVID AVILIA, CHARLES HO, and
RICKEY SMITH,

(Doc. No. 96)

Defendants.

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Plaintiff Rick Hazeltine is a civil detainee proceeding pro se and in forma pauperis with

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this civil rights action filed pursuant to 42 U.S.C. § 1983. This case now proceeds pursuant to

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plaintiff’s First Amended Complaint filed on July 6, 2015, on plaintiff’s claim for excessive use

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of force in violation of the Fourteenth Amendment against defendants Ian Young, Benjamin

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Gamez, Rashaun Casper, Julius Oldan, Porfirio Sanchez Negrete, David Avilia, Charles Ho, and

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Rickey Smith. (Doc. No. 27.) This case is scheduled for a settlement conference on July 19,

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2018, at 1:00 p.m. before U.S. Magistrate Judge Erica P. Grosjean and for jury trial on August 7,

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2018, at 1:00 p.m. before the undersigned.

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On June 14, 2018, the court issued an order granting in part plaintiff’s motion for the
attendance of incarcerated witnesses at trial. (Doc. No. 115.) That order permitted plaintiff to
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select no more than two incarcerated individuals to serve as witnesses at trial, and directed

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plaintiff to provide notice to the court as to which individuals he sought to have testify. On June

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28, 2018, plaintiff provided such notice. (Doc. No. 116.) In addition, the court’s order noted that

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upon receipt of plaintiff’s notice, discovery would be automatically reopened for the limited

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purpose of allowing defendants to depose those individuals prior to trial.

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Accordingly,

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1. Discovery is now re-opened until July 31, 2018, for the limited purpose of allowing

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defendants to depose Stephen Arnold, # 607-2, and Rodney Short, #499-4; and

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2. In due course, the court shall issue writs of habeas corpus ad testificandum to transport

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these two individuals to testify at trial.
IT IS SO ORDERED.
Dated:

July 2, 2018
UNITED STATES DISTRICT JUDGE

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