Baker v. Perez et al

Filing 256

ORDER signed by Magistrate Judge Dale A. Drozd on 6/24/15. The offices referred to in this order are directed to make the requested inquiry and report the results of that inquiry to the court. (cc: Monica Anderson) (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL BAKER,

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No. 2:09-cv-2757 MCE KJN P

Plaintiff,
v.

ORDER

WARDEN PEREZ, Et al.,
Defendants.

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On June 18, 2015, the undersigned presided over a settlement conference in this action

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which resulted in a settlement of all remaining claims. The essential terms of that settlement

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agreement were placed on the record in open court.

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During the settlement conference the court was advised that the trial of this action had

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been set to commence on January 12, 2015. However, that trial date was vacated on the eve of

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trial. Plaintiff advised the court that in connection with that anticipated trial date his mother, on

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his behalf, had forwarded to the U.S. Marshal the required witness fees and travel expenses in the

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form of money orders to be served with five trial subpoenas issued on his behalf. (See ECF Nos.

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198-1 and 199.) According to plaintiff, when his trial subpoena issued to a Dr. Harrison was

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quashed by court order prior to the scheduled trial, his mother received back the witness fee and

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travel expenses in connection with that subpoena. However, with respect to subpoenas issued to

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Dr. J. Nepomuceno, R.N. John Clark, SPT L. St. Laurent and one other current or former
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employee at High Desert State Prison, plaintiff had assumed that the witness fees and travel

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expenses were retained due to the anticipated re-scheduling of the trial date.

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Now that the case has settled, there will be no trial and the four witnesses previously

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subpoenaed by plaintiff will not be required to travel or appear to testify at trial. Accordingly, the

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undersigned requests that the California Department of Corrections and Rehabilitation and the

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California Attorney General’s Office make inquiry as to whether all or part of the witness fees

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and travel expenses advance by plaintiff’s mother in connection with those trial subpoenas may

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be refunded to her.

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Accordingly, IT IS HEREBY ORDERED that:
1. The offices referred to above make the requested inquiry and report the results of that
inquiry to the court.

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2. The Clerk of the Court is directed to serve a copy of this order on Monica Anderson,

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Supervising Deputy Attorney General at the California Attorney General’s Office.

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Dated: June 24, 2015

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dad1.civilrights
baker09cv2757.witnessfees

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