Uribe v. Babienco et al

Filing 85

ORDER REGARDING THE PRESENCE OF PLAINTIFF AT TRIAL. Signed by Judge Alsup on 7/13/2016. (whalc2, COURT STAFF) (Filed on 7/13/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CESAR URIBE,

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For the Northern District of California

United States District Court

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Plaintiff,
v.

ORDER REGARDING THE
PRESENCE OF PLAINTIFF AT
TRIAL

PHILIP BABIENCO,
Defendant.
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No. C 13-01106 WHA

With respect to the trial starting on July 25, 2016, the Court has canceled its vacation

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plans to hold a trial, so the trial will go forward. The Court now understands that the authorities

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are resisting fidelity to a writ to bring Mr. Uribe to the trial. The Court has not yet ruled on

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whether such resistance is warranted BUT all necessary steps must be taken and honored so that

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his presence is guaranteed at the trial should the Court so rule. Under no circumstances should

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the authorities drag their feet in order to postpone proceedings and leave the Court in a position

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in which Mr. Uribe is unable to appear in person at the trial.

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IT IS SO ORDERED.

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Dated: July 13, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE