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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JAMES ELLIS JOHNSON, Plaintiff, 8 9 10 United States District Court Northern District of California 11 12 13 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. 14 In the April 7, 2016 Order, Dkt. No. 281, the Court denied Johnson’s request to order the 15 United States to accept trial subpoenas for 21 Veterans Administration employees. As the Court 16 noted, this case involves a very specific single incident ending in Johnson’s arrest and does not 17 warrant 21 witnesses for the plaintiff’s case, particularly when many of the witnesses do not seem 18 at all related to the claims. The Court ordered defendant to make eight to nine witnesses of 19 Johnson’s reasonable choice available at trial. 20 In his current filing, plaintiff seeks reconsideration “on the number of witnesses plaintiff 21 can subpoena for trial.” Dkt. No. 282 at 1. Johnson misunderstands the Court’s order, which only 22 decided how many witnesses the Court would compel the United States to make available for trial 23 without a properly served subpoena. Johnson’s motion provides no grounds for reconsideration of 24 that order, as it still provides no specific justification for any of the individual witnesses he wishes 25 to call, just a blanket statement that “I need all of them to make my case.” Dkt. No. 282 at 4. The 26 Court denies the request for reconsideration. 27 The Court has advised Johnson on many occasions that the trial is limited to the January 28 30, 2012 arrest incident. It is unreasonable to call 21 witnesses to explain the events of that date 1 and plaintiff’s resulting injury. The Court has issued an order compelling defendant to make a 2 reasonable number of witnesses available for trial. If Johnson wants the Court to compel more 3 witnesses, he must specifically explain to the Court who they are, what relevant testimony he 4 seeks from them, and why that testimony cannot be obtained from any other witness. Then the 5 Court will consider the request. 6 IT IS SO ORDERED. 7 Dated: April 15, 2016 8 9 JAMES DONATO United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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