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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY P. DEMARTINI, et al.,

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No.

2:14-cv-02722-JAM-CKD

Plaintiffs,
v.

ORDER GRANTING DEFENDANTS’
REQUEST FOR SUBPOENAS IN PART

MICHAEL J. DEMARTINI, et al.,

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Defendants.

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In compliance with the standing order issued by Magistrate

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Judge Delaney, ECF No. 116, Defendants filed a Motion Requesting

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Issuance of Subpoenas to Trial Witnesses, ECF No. 290.

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Defendants’ motion for subpoenas is granted, in part.

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of Court is directed to issue subpoenas for trial for the persons

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listed in Exhibit A to Defendants’ motion, excluding James (Jim)

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C. DeMartini (#5), Douglas Johnson (#20), and Mark Gilmartin

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(#39).

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from this Court and therefore may only be commanded to attend

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trial under certain circumstances not present here.

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Civ. P. 45(c).

The Clerk

These three individuals reside over one hundred miles

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See Fed. R.

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Defendants are advised that their ability to call witnesses

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and elicit testimony will be limited to the two claims remaining

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in the case and may still fall subject to a motion in limine.

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See Opposition to Motion for Issuance of Subpoenas, ECF No. 291.

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The parties should not interpret this Order as an indication that

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the Court will permit Defendants to call each witness.

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Defendants are reminded that the rules of procedure apply to

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them, including Fed. R. Civ. P. 45(d)(1), which requires parties

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issuing subpoenas to take reasonable steps to avoid imposing

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undue burden or expense on a person subject to the subpoena.

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IT IS SO ORDERED.
Dated:

March 13, 2018

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/s/ John A. Mendez________________

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United States District Court Judge

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