Elder-Evins v. Casey et al

Filing 227

ORDER regarding June 21, 2012 Hearing. Signed by Magistrate Judge Laurel Beeler on 6/19/2012. (lblc2, COURT STAFF) (Filed on 6/19/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco
ANNETTE SHARLENE ELDER-EVINS,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,

No. C 09-05775 SBA (LB)
ORDER REGARDING JUNE 21, 2012
HEARING

v.
MICHAEL J. CASEY, et al.,

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Defendants.

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_____________________________________/

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The district court referred Defendant Officer Daniel Shacklett’s motion for a determination of

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Plaintiff Annette Sharlene Elder-Evins’s competence to this court for a report and recommendation.

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The parties subsequently filed additional motions regarding the evidence to be introduced during the

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hearing. The court set a hearing on the motions for June 21, 2012.

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Upon review of the papers submitted, the court instructs as follows:

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1. The June 21, 2012 hearing will address only Plaintiff’s motion to exclude (ECF No. 200) and to

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quash (ECF No. 214) and Defendant’s request to present oral testimony (ECF No. 207). The

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court will not receive evidence at this time regarding Defendant’s motion for a competency

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determination (ECF No. 115). In addition to the legal standards raised in their briefs, the parties

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and their counsel should be prepared to discuss the appointment of a expert for the purpose of a
C 09-05775 SBA (LB)
ORDER

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new competency examination of Plaintiff (and who should pay for it), as well as the scheduling

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of a formal evidentiary hearing to take place thereafter.

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2. Because the June 21, 2012 will not be a formal evidentiary hearing, Dr. Apostle need not appear

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at it. However, Plaintiff and her counsel, as well as Defendants’ counsel, shall appear in person.

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IT IS SO ORDERED.

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Dated: June 19, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 09-05775 SBA (LB)
ORDER

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