Lyons v. Folsom Mercy Hospital

Filing 64

ORDER signed by Magistrate Judge Kendall J. Newman on 12/17/12 DENYING without prejudice 56 witness requests. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BART LYONS,

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Plaintiff,
vs.
FOLSOM MERCY HOSPITAL, et al.,
Defendants.

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No. 2:11-cv-0268 GEB KJN P

ORDER
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Plaintiff requests that “the Court allow [two] witnesses be added against their

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wishes,” identifying parole officers William Weiner and Charles Wallace. (Dkt. No. 56 at 1.)

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Plaintiff also requests “a Court order to order plaintiff witness Pamela Martin . . . to provide her

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new contact number and the addresses and contact numbers of her daughters . . . . They are all

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plaintiff’s witnesses and this information was lost when I left Yolo County Jail for DVI [Deuel

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Vocational Institution].” (Id.)

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Plaintiff’s requests are premature. Discovery closed in this action on September

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28, 2012. On December 14, 2012, defendants moved for summary judgment; plaintiff is required

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to file an opposition, or statement of non-opposition within 21 days after service of defendants’

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motion. Local Rule 230(l). If plaintiff opposes the motion, he must present facts acquired during

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discovery. If, however, this action proceeds to trial after a decision on defendants’ motion for
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summary judgment, plaintiff will be given an opportunity to request an order of court directing

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the trial attendance of uncooperative witnesses, and the court’s assistance in obtaining the contact

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information for plaintiff’s other witnesses (which will require a showing of good cause why

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plaintiff is unable to obtain this information on his own). Both matters are, however, premature

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at this juncture.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s witness requests (Dkt.

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No. 56), be DENIED without prejudice.

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DATED: December 17, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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lyon0268.witnesses.premature.

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