Martin v. City of Vallejo

Filing 74

ORDER signed by Magistrate Judge Dale A. Drozd on 8/10/2015 ORDERING that Defendants' 68 motions for an order shortening time and to quash subpoena is GRANTED. Vallejo Police Department Captain Lee Horton need not appear at the 8/14/2015 hearing of plaintiff's 65 motion to compel. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEON JEROME MARTIN,

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Plaintiff,

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v.

No. 2:14-cv-0554 DAD PS

ORDER

CITY OF VALLEJO, et al.,
Defendants.

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On August 6, 2015, defendants filed an ex parte application for an order shortening time

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for hearing of defendants’ motion to quash a subpoena. (Dkt. No. 68.) Therein, defendants assert

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that defense counsel received a subpoena from plaintiff’s assistant requiring the appearance of

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Vallejo Police Department Captain Lee Horton at the August 14, 2015 scheduled hearing on

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plaintiff’s motion to compel. Defendants seek an order shortening time to hear defendants’

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motion to quash that subpoena prior to the August 14, 2015 hearing of plaintiff’s motion to

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compel. Plaintiff has filed an opposition to defendants’ motion. (Dkt. No. 70.)

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The undersigned has reviewed the parties’ papers submitted in connection with the motion

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to quash the subpoena in question and does not require oral argument on that issue. In short, the

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court does not intend to hear witness testimony at the August 14, 2015 hearing of plaintiff’s

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motion to compel. In the unlikely event that, after considering the parties’ briefing and oral

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arguments on the motion to compel, the court determines that the taking of testimony would be
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helpful in resolving that motion, the court will reconsider whether requiring Captain Horton’s

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appearance at a later evidentiary hearing would be appropriate.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ August 6, 2015 motions for an order shortening time and to quash

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subpoena (Dkt. No. 68) is granted; and
2. Vallejo Police Department Captain Lee Horton need not appear at the August 14, 2015
hearing of plaintiff’s motion to compel.
Dated: August 10, 2015

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DAD:6
Ddad1\orders.consent\martin0554.ord.shoten.den.docx

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