Hunter v. City and County of San Francisco et al

Filing 188

AMENDED ORDER REGARDING PLAINTIFFS VIDEO WITNESSES. Signed by Magistrate Judge Jacqueline Scott Corley on 8/2/2013. (There are no changes in the order, the signature is on it.)(ahm, COURT STAFF) (Filed on 8/5/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DARRELL HUNTER,

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Plaintiff,

Northern District of California

United States District Court

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v.

Case No. 11-4911 JSC
AMENDED ORDER REGARDING
PLAINTIFF’S VIDEO WITNESSES

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CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Defendants.

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Now pending before the Court is Plaintiff’s Offer of Proof regarding the proposed
testimony of Kevin Lyons and Eric Younger. (Dkt. No. 183.) The Court has considered
Plaintiff’s submission and concluded that oral argument is not necessary, see Civil L.R. 7-1.
The Court hereby rules as follows:
Plaintiff has failed to establish that Eric Younger has any relevant or probative
testimony. With respect to Kevin Lyons, his testimony is permissible for the limited purpose
of establishing that if one had viewed the monitor in the control room during the relevant time
period he or she would have seen the smudge; however, this testimony is only admissible if
Plaintiff first lays a foundation establishing that Defendants were in the control room and
viewed the monitor during the relevant time period.

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IT IS SO ORDERED.
Dated: August 2, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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Northern District of California

United States District Court

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