Johnson v. United States of America et al

Filing 283

Order by Hon. James Donato denying 282 Motion for Reconsideration. (jdlc1S, COURT STAFF) (Filed on 4/15/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMES ELLIS JOHNSON,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 13-cv-02405-JD
ORDER DENYING
RECONSIDERATION

v.
UNITED STATES OF AMERICA,

Re: Dkt. No. 282

Defendant.
Pro se plaintiff James Johnson asks the Court to reconsider its April 7, 2016 Order re
Plaintiff’s Trial Subpoenas. The request is denied.

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In the April 7, 2016 Order, Dkt. No. 281, the Court denied Johnson’s request to order the

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United States to accept trial subpoenas for 21 Veterans Administration employees. As the Court

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noted, this case involves a very specific single incident ending in Johnson’s arrest and does not

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warrant 21 witnesses for the plaintiff’s case, particularly when many of the witnesses do not seem

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at all related to the claims. The Court ordered defendant to make eight to nine witnesses of

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Johnson’s reasonable choice available at trial.

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In his current filing, plaintiff seeks reconsideration “on the number of witnesses plaintiff

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can subpoena for trial.” Dkt. No. 282 at 1. Johnson misunderstands the Court’s order, which only

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decided how many witnesses the Court would compel the United States to make available for trial

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without a properly served subpoena. Johnson’s motion provides no grounds for reconsideration of

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that order, as it still provides no specific justification for any of the individual witnesses he wishes

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to call, just a blanket statement that “I need all of them to make my case.” Dkt. No. 282 at 4. The

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Court denies the request for reconsideration.

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The Court has advised Johnson on many occasions that the trial is limited to the January

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30, 2012 arrest incident. It is unreasonable to call 21 witnesses to explain the events of that date

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and plaintiff’s resulting injury. The Court has issued an order compelling defendant to make a

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reasonable number of witnesses available for trial. If Johnson wants the Court to compel more

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witnesses, he must specifically explain to the Court who they are, what relevant testimony he

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seeks from them, and why that testimony cannot be obtained from any other witness. Then the

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Court will consider the request.

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IT IS SO ORDERED.

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Dated: April 15, 2016

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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