Valiavacharska v. Celaya et al

Filing 125

ORDER RE: PLAINTIFFS MOTION TO EXCLUDE A WITNESS (Dkt. Nos. 121, 123, 124). Signed by Magistrate Judge Jacqueline Scott Corley on 2/1/2012. (ahm, COURT STAFF) (Filed on 2/1/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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ZHIVKA VALIAVICHARSKA,

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Plaintiff,
v.

Case No.: CV 10-4847 JSC
ORDER RE: PLAINTIFF’S MOTION
TO EXCLUDE A WITNESS (Dkt. Nos.
121, 123, 124)

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MITCH CELAYA, ET AL.,
Defendant.

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The Court is in receipt of Plaintiff’s letters dated January 30, 2012 and January 31,

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2012, which move to exclude testimony at trial from Captain Margot Bennett (Dkt. No. 121,

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124), and Defendant’s response dated January 31, 2012 (Dkt. No. 123). Defendant filed his

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witness list on January 12, 2012. (Dkt. No. 91.) Plaintiff filed objections to Defendant’s

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proposed witnesses on January 17, 2012 but did not object to Captain Bennett. (Dkt. No. 97.)

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The Court ruled on all witness objections at the pretrial conference on January 19, 2012, and

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again Plaintiff did not raise any objection to Captain Bennett due to an “oversight.” (Dkt. No.

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124.) Plaintiff now states that the Order on the parties’ motions in limine (Dkt. No. 112)

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renders Captain Bennett’s testimony irrelevant as she “did not witness the subject incident.”

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(Dkt. No. 121.) Defendant responds that he plans to elicit testimony from Captain Bennett

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regarding “a brief overview” of the “events leading up to the use of force” as well as the fact

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that Officer Tinney’s “use of force was consistent with Officer Tinney’s training and that it

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was within Department policy.” (Dkt. No. 123.)

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The Court will hold a hearing on the scope of Captain Bennett’s testimony after the

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dismissal of the jury on Monday, February 6, 2012. Defendant’s opening statement should

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not recite that Captain Bennett will testify that Officer Tinney’s use of force was consistent

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with his training and within Department policy.

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IT IS SO ORDERED.

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Dated: February 1, 2012

_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

Northern District of California

United States District Court

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