Johnson et al v. Bay Area Rapid Transit District et al

Filing 547

ORDER Re Anthony Pirone's Availability (emclc2, COURT STAFF) (Filed on 6/23/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WANDA JOHNSON, et al.,

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For the Northern District of California

United States District Court

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Plaintiffs,
v.
BAY AREA RAPID TRANSIT DISTRICT,
et al.,

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Defendants.
___________________________________/

No. C-09-0901 EMC
CONSOLIDATED CASES
C-09-4014 EMC (Grant)
C-09-4835 EMC (Bryson, et al.)
C-10-0005 EMC (Caldwell)
ORDER RE ANTHONY PIRONE'S
AVAILABILITY

AND RELATED ACTIONS.
___________________________________/

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On June 4, 2014, this Court conditionally granted then-Defendant Anthony Pirone's motion
to quash Plaintiffs' subpoena. Dkt. No. 487, at 7. Specifically, the Court stated:
[T]he motion to quash the subpoena to Anthony Pirone is
conditionally GRANTED. Counsel for Pirone is ORDERED to
inform the Court and the parties immediately upon Pirone's return to
the United States (even if he remains deployed on active military duty)
at which point he is subject to the subpoena. To fulfill this order, it is
expected that counsel will remain in as frequent communication with
Pirone as is reasonably feasible given his situation.

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Id. (emphasis in original). Although Pirone has been dismissed from this action, he is a percipient

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witness to the events at issue in this litigation and remains under subpoena.

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The Court has made frequent inquiries to Defendants' counsel regarding the status of Pirone's

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deployment which has, in turn, required them to contact Pirone's attorney, Mr. William R. Rapoport.

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Given the remaining trial schedule, the Court finds it desirable to streamline the process of

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determining Pirone's status. Accordingly, Mr. Rapoport is hereby ORDERED to file a status report

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on Pirone's status (specifically whether he is in the United States and, if not, when he is anticipated

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to return). This status report will include a description of the efforts Mr. Rapoport undertook to get

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in contact with Pirone and whether these efforts were successful. These status reports shall be filed

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daily with the Court by 9:00pm and shall continue through June 30, 2014.

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IT IS SO ORDERED

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Dated: June 23, 2014

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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