Draper v. Rosairo et al

Filing 212

ORDER signed by Judge Kimberly J. Mueller on 6/10/2014 ORDERING that if defendant seeks to introduce the video recording, lodged with the court on 5/29/2014, at trial set to begin 6/16/2014, he must be prepared to also make available for any questio ning the court may allow the following persons: the officer who made the video, the attorney who certified that the video did not exist in response to plaintiff's motion to compel, and the person who located the recording at CSP-Solano. These persons shall be made available promptly, if ordered by the court, on the first day of trial or any day of trial thereafter. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN CLINT DRAPER, 12 13 14 15 No. 2:10-CV-0032 KJM EFB Plaintiff, v. ORDER D. ROSARIO, Defendant. 16 17 On May 29, 2014, defendant lodged with the court the video recording of the 18 September 9, 2009 interview with plaintiff, which was located only recently. If defendant seeks 19 to introduce the video recording at trial set to begin June 16, 2014, he must be prepared to also 20 make available for any questioning the court may allow the following persons: the officer who 21 made the video, the attorney who certified that the video did not exist in response to plaintiff’s 22 motion to compel (see ECF Nos. 70 at 3, 70-2 at 6), and the person who located the recording at 23 CSP-Solano. These persons shall be made available promptly, if ordered by the court, on the first 24 day of trial or any day of trial thereafter. 25 26 IT IS SO ORDERED. DATED: June 10, 2014. 27 28 UNITED STATES DISTRICT JUDGE 1

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