Villa v. Rowe et al

Filing 244

ORDER REGARDING OBJECTION TO TRIAL SUBPOENA FOR DEFENSE EXPERT DR. WATKINS AND OBJECTION TO PLAINTIFF'S CALLING DR. WATKINS AS WITNESS IN PLAINTIFF'S CASE IN CHIEF. Signed by Judge Alsup on February 15, 2012. (whalc2, COURT STAFF) (Filed on 2/15/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOHN DANIEL VILLA, JR.,

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For the Northern District of California

United States District Court

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No. C 07-01436 WHA

Plaintiff,
v.

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LINDA ROWE, JENNIFER SWINEY, and
BHAWNA JAIN,

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Defendants.

ORDER REGARDING OBJECTION TO
TRIAL SUBPOENA FOR DEFENSE
EXPERT DR. WATKINS AND
OBJECTION TO PLAINTIFF’S
CALLING DR. WATKINS AS WITNESS
IN PLAINTIFF’S CASE IN CHIEF

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On January 30, 2012, plaintiff subpoenaed Dr. Harlan B. Watkins to appear and testify in

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the trial commencing February 21. The subpoena requires Dr. Watkins to bring the documents

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identified therein. Dr. Watkins was previously retained as a defense medical expert. Each

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defendant named Dr. Watkins as a witness for its case in chief.

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Defendant Jennifer Swiney, MD, has objected to plaintiff’s trial subpoena for Dr. Watkins

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and has also objected to plaintiff calling Dr. Watkins in plaintiff’s case in chief on the grounds

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that Dr. Watkins is “neither a party of record or person identified with the party of record” and

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plaintiff did not identify Dr. Watkins as a trial witness. Plaintiff has filed a response to the

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objection. The objection will be ruled on the morning of trial.

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IT IS SO ORDERED.

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Dated: February 15, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE