DeMartini, et al. v. DeMartini, et al.

Filing 293

ORDER signed by District Judge John A. Mendez on 3/13/18 GRANTING IN PART Defendants' 290 Motion Requesting Issuance of Subpoenas to Trial Witnesses. The Clerk is directed to issue subpoenas for trial for the persons listed in Exhibit A to Defendants' motion, excluding James (Jim) C. DeMartini, Douglas Johnson, and Mark Gilmartin. (Kastilahn, A)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 TIMOTHY P. DEMARTINI, et al., 13 14 15 No. 2:14-cv-02722-JAM-CKD Plaintiffs, v. ORDER GRANTING DEFENDANTS’ REQUEST FOR SUBPOENAS IN PART MICHAEL J. DEMARTINI, et al., 16 Defendants. 17 18 In compliance with the standing order issued by Magistrate 19 Judge Delaney, ECF No. 116, Defendants filed a Motion Requesting 20 Issuance of Subpoenas to Trial Witnesses, ECF No. 290. 21 Defendants’ motion for subpoenas is granted, in part. 22 of Court is directed to issue subpoenas for trial for the persons 23 listed in Exhibit A to Defendants’ motion, excluding James (Jim) 24 C. DeMartini (#5), Douglas Johnson (#20), and Mark Gilmartin 25 (#39). 26 from this Court and therefore may only be commanded to attend 27 trial under certain circumstances not present here. 28 Civ. P. 45(c). The Clerk These three individuals reside over one hundred miles 1 See Fed. R. 1 Defendants are advised that their ability to call witnesses 2 and elicit testimony will be limited to the two claims remaining 3 in the case and may still fall subject to a motion in limine. 4 See Opposition to Motion for Issuance of Subpoenas, ECF No. 291. 5 The parties should not interpret this Order as an indication that 6 the Court will permit Defendants to call each witness. 7 Defendants are reminded that the rules of procedure apply to 8 them, including Fed. R. Civ. P. 45(d)(1), which requires parties 9 issuing subpoenas to take reasonable steps to avoid imposing 10 undue burden or expense on a person subject to the subpoena. 11 12 IT IS SO ORDERED. Dated: March 13, 2018 13 /s/ John A. Mendez________________ 14 United States District Court Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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