Villareal v. County of Fresno

Filing 40

ORDER Requiring Plaintiff to Submit Additional Information for Motion for Attendance of Witnesses, signed by Magistrate Judge Erica P. Grosjean on 8/1/17. 14-Day Deadline. (Gonzalez, R)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ELAINE K. VILLAREAL, 11 Plaintiff, 12 13 v. Case No. 1:15-cv-01410-EPG (PC) ORDER REQUIRING PLAINTIFF TO SUBMIT ADDITIONAL INFORMATION FOR MOTION FOR ATTENDANCE OF WITNESSES COUNTY OF FRESNO, (ECF NO. 38) 14 Defendant. 15 16 17 On July 19, 2017, Plaintiff filed a motion for attendance of witnesses (“the Motion”). (ECF No. 38). On July 26, 2017, Defendant filed objections to the Motion. (ECF No. 39). 18 Defendant asks that the Court deny the motion, “or, in the alternative, that the Court 19 require Plaintiff to make a further offer of proof sufficient to meet the standards of detail and 20 ‘sufficient relevancy’ and necessity, and so as to determine, assuming she can meet this standard, 21 whether the testimony is nonetheless cumulative, warranting limitation in that regard.” (Id. at 7). 22 The Court will require Plaintiff to submit additional information as to the relevant 23 information that several of her requested witnesses would testify about. Plaintiff has already 24 submitted the declarations of Angie Padilla, Shannon Reis, Rachael Vasquez, and Kristen 25 Thompson. (ECF No. 30, p. 6; ECF No. 33, pgs. 6-7, 9-11, & 18).1 These declarations include 26 details regarding the event(s) that each potential witness would testify about and will permit the 27 28 1 Plaintiff refers to most of these declarations in the Motion. The Court notes that the declaration of Rachael Vasquez does not appear to satisfy the requirements of 28 U.S.C. § 1746(2). 1 1 Court to make a determination as to whether they should testify. (Id.). However, Plaintiff did not 2 provide declarations from Christy Flores, Sylvia Perez, Monica Macias, or Angelica Gutierrez. 3 Plaintiff only provided a one paragraph summary regarding the relevant information that each 4 witness can testify to. These summaries do not contain enough detail for the Court to determine 5 if these witnesses have personal knowledge of relevant information. 6 Accordingly, the Court will require Plaintiff to submit additional information regarding 7 the relevant information that inmates Christy Flores, Sylvia Perez, Monica Macias, and Angelica 8 Gutierrez can testify to. Relevant details include when the event(s) each witness will testify to 9 occurred, what happened during the event(s), and whether the witness has information regarding 10 the Plaintiff’s own efforts to submit a grievance. 11 information in the form of a declaration from each potential witness. 12 If possible, Plaintiff should present this Therefore, based on the foregoing, IT IS HEREBY ORDERED THAT: 13 1. Plaintiff has fourteen days from the date of service of this order to submit 14 additional information regarding the relevant information that inmates Christy 15 Flores, Sylvia Perez, Monica Macias, and Angelica Gutierrez can testify to, and 16 how each has personal knowledge of the relevant information; and 2. Defendant has seven days from the date the additional information is filed in 17 CM/ECF to file a reply. 2 18 19 20 21 IT IS SO ORDERED. Dated: August 1, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 2 27 28 The Court notes that, given how little time there may be between the ruling on the Motion and the evidentiary hearing, the Court may issue writs of corpus ad testificandum for potential witnesses and vacate them after review of the relevant information is received. 2

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