Cassano v. Johnson et al

Filing 51

ORDER RE 50 COUNSEL SUBSTITUTE AND DEPOSITION REQUEST as to Letter filed by Gary Cassano. Signed by Judge Alsup on 4/16/2014. (whalc2, COURT STAFF) (Filed on 4/16/2014). (Additional attachment(s) added on 4/16/2014: # 1 Certificate/Proof of Service) (dt, COURT STAFF).

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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 GARY CASSANO, No. C 12-05144 WHA Plaintiff, 11 For the Northern District of California United States District Court 10 12 13 v. ORDER RE COUNSEL SUBSTITUTE AND DEPOSITION REQUEST M. JOHNSON and W. ROGERS, Defendants. / 14 15 In a letter dated April 10, 2014 (Dkt. No. 50), “counsel substitute” Laurince O’Sheigh 16 Simpson submits several requests on behalf of plaintiff Gary Cassano. These requests are: 17 (1) judicial notice of the facts and circumstances outlined in the papers appended to the letter; (2) 18 an order that Mr. Simpson be included as “counsel substitute” to receive all future mailings in 19 this action; and (3) confirmation from the undersigned judge that he has received plaintiff’s 20 notice and request to depose CTF employee Garcia. 21 Under Federal Rule of Evidence 201(b), the request for judicial notice is DECLINED. As 22 to the second request, plaintiff is now represented by attorneys Herbert Layton and James 23 Martinez. The request to include Mr. Simpson as “counsel substitute” is thus DECLINED. This 24 is without prejudice to a proper motion by plaintiff’s attorneys to appoint “counsel substitute” for 25 plaintiff. Finally, with respect to the request for confirmation, an order has already granted 26 plaintiff’s motion to depose Garcia (Dkt. No. 47). That order is appended hereto. 27 28 IT IS SO ORDERED. Dated: April 16, 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 GARY CASSANO, No. C 12-5144 WHA (PR) 10 For the Northern District of California United States District Court Plaintiff, ORDER GRANTING MOTION FOR LEAVE TO TAKE DEPOSITION 11 12 v. 13 14 M. JOHNSON; MR. ROGERS; C.O. HILL; SERGEANT BOHANNON;, (Dkt. 21) 15 Defendants. 16 / 17 18 Good cause appearing, plaintiff’s motion for leave to take a deposition (dkt. 21) is 19 GRANTED, provided it is properly noticed and complies with the Federal Rules of Civil 20 Procedure. The parties have already been granted leave to conduct discovery (dkt. 7). 21 IT IS SO ORDERED. 22 23 24 25 26 27 28 Dated: March 21 , 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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