Tolan v. City of Reno Police Department et al

Filing 96

ORDER - Defendant's 87 Motion to Strike is GRANTED. Defendant's shall have until 3/26/2013 to depose non-party Matthew Baker and file a renewed motion for summary judgment. FURTHER ORD defendant's 80 Motion for Summary Judgment is DENIED without prejudice. Signed by Judge Larry R. Hicks on 1/24/2013. (Copies have been distributed pursuant to the NEF - JK)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES ANTHONY TOLAN,

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Plaintiff,

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v.

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RENO POLICE OFFICER AMANDA
HARTSHORN; et al.,

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Defendants.
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3:10-cv-0017-LRH-WGC
ORDER

Before the court is defendants Reno Police Officer Amanda Hartshorn (“Officer

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Hartshorn”); Reno Police Officer Michael Barnes (“Officer Barnes”); and the City of Reno’s

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(“City”) (collectively “defendants”) motion to strike, or in the alternative, to take the deposition of

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non-party Matthew Baker (“Baker”). Doc. #87.1

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Plaintiff James Anthony Tolan (“Tolan”) filed a civil rights complaint against defendants

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arising out of an arrest in which Tolan broke his leg. Doc. #1, Exhibit 1. Defendants filed a motion

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for summary judgment. Doc. #80. In response, Tolan filed an opposition in which he relied on a

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declaration by non-party Baker as well as a video allegedly taken by Baker at the time of the

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incident. Doc. #83.

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Defendants sought to depose non-party Baker. However, Baker failed to show for his
regularly scheduled and noticed deposition. See Doc. #87, Exhibit D. Thereafter, defendants filed

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Refers to the court’s docket

entry number.

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the present motion to strike the declaration of Baker, as well as the alleged video evidence, or allow

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defendants to depose Baker and supplement their motion for summary judgment. Doc. #87.

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Plaintiff Tolan does not oppose allowing defendants to depose non-party Baker at this time

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after the close of discovery and both parties’ counsel have stated affirmatively to the court that they

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are willing to work together to depose non-party Baker. Accordingly, the court shall grant

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defendants’ motion and allow them to depose non-party Baker.

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IT IS THEREFORE ORDERED that defendants’ motion to strike, or in the alternative, to
depose non-party Matthew Baker (Doc. #87) is GRANTED. Defendants shall have sixty (60) days
to depose non-party Matthew Baker and file a renewed motion for summary judgment.
IT IS FURTHER ORDERED that defendants’ motion for summary judgment (Doc. #80) is
DENIED without prejudice.

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IT IS SO ORDERED.

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DATED this 24th day of January, 2013.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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