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