Duverge v. USA

Filing 155

SUPPLEMENTAL ORDER REGARDING PLAINTIFF'S REQUEST FOR ISSUANCE OF SUBPOENAS Signed by Judge Joan G. Margolis on 2/1/2018.(Watson, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
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CHARLOTINE DUVERGE
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v.
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UNITED STATES OF AMERICA
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3:10 CV 1922 (JGM)

DATE: FEBRUARY 1, 2018

SUPPLEMENTAL ORDER REGARDING PLAINTIFF’S REQUEST FOR ISSUANCE OF
SUBPOENAS
Familiarity is presumed with the Ruling on Defendant’s Motion in Limine and Order
Regarding Plaintiff’s Request for Issuance of Subpoenas, filed January 30, 2108 (Dkt.
#150)[“January 30th Order”], which instructed defense counsel to “notify the Court (in a
sealed document, if requested), the locations of Mr. Perkins, Dr. Collins, and Officer Ray, so
that the Court can confirm that such individuals are beyond the subpoena powers of the
Court” by February 5, 2018, and “if any of them are within the Court’s subpoena powers,
then plaintiff shall submit her Touhy statement to defense counsel” by February 7, 2018.
(At 11; see also January 30th Order at 6-10).
Pursuant to the January 30th Order, the next day, on January 31, 2018, defendant
filed a report under seal (Dkt. #153; see also Dkts. ##152, 154), which indicates that two
of the three proposed witnesses are no longer employed by the Bureau of Prisons and all
three of them reside multiple states away from Connecticut, all significantly in excess of the
Court’s subpoena powers. Thus, the Court will not issue subpoenas for these three proposed
witnesses.
As a result, the only witness who remains at issue is the “orthopedic doctor[,]” for
whom the January 30th Order requires plaintiff to “inform defense counsel and the Court of

the name of the ‘orthopedic doctor[,]’” by February 5, 2018, “and depending on which doctor
is identified, plaintiff may be required to submit a Touhy statement to defense counsel on
or before February 7, 2018.” (At 11 (emphasis omitted); see also January 30th Order at 69).
In the interest of time, defense counsel shall send a copy of this order to the selfrepresented party’s email address as it is listed in Dkt. #130, at 2. An additional copy will
be mailed by the Court.
Dated this 1st day of February, 2018, at New Haven, Connecticut.

_/s/ Joan G. Margolis, USMJ_________
Joan Glazer Margolis
United States Magistrate Judge

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