Martinez v. United States Of America et al

Filing 67

MEMORANDUM ORDER confirming the schedule for trial. The non-jury trial of this case shall take place on December 7, 2015 at 9:30 a.m. in the William J. Nealon United States Courthouse, Scranton, Pennsylvania, in a courtroom to be designated by the clerk. Signed by Magistrate Judge Martin C. Carlson on November 25, 2015. (kjn)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANDRE MARTINEZ,

:
:
Plaintiff,
:
:
v.
:
:
UNITED STATES OF AMERICA, et al., :
:
Defendants.
:

CIVIL NO. 3:13-CV-1475

(Magistrate Judge Carlson)

MEMORANDUM ORDER
This Federal Torts Claims action has been referred to the undersigned, upon he
consent of all parties, for trial. The purpose of this order is twofold.
First, we are confirming the schedule for trial. The non-jury trial of this case
shall take place on December 7, 2015 at 9:30 a.m. in the William J. Nealon United
States Courthouse, Scranton, Pennsylvania, in a courtroom to be designated by the
clerk.
In addition, we are addressing the issue of witnesses at this trial, a matter
discussed in the telephonic pre-trial conference held on November 23, 2015. The
parties’ pre-trial memoranda (Docs. 64 and 66) reflect that the parties intend to call six
common witnesses in this case, Messrs. Diltz, Prutzman, R. Johnson, Fosnot, Wall, and
Pigos. These witnesses should be instructed to be in attendance at the time and date set
for the commencement of this trial. In addition, the Plaintiff has indicated that he may

wish to call two other witnesses, both of whom appear to be correctional officials or
care givers, D. Knapp and Dr. Edinger.
While the Defendant has objected to these witnesses as cumulative, and has
indicated that Martinez should be required to pay witness fees and subpoena costs for
these additional witnesses, out of an abundance of caution and in order to permit the
Plaintiff, an inmate acting pro se, every opportunity to present his case we will not
exclude the testimony of these witnesses as cumulative at this time. As for subpoena
costs and witness expenses, while we recognize the legal force of the Defendant’s
argument, we request that the United States determine whether these witnesses would
be available to testify briefly by video conference from U.S.P. Lewisburg, pursuant to
Rule 43(a) of the Federal Rules of Civil Procedure, thereby avoiding these costs and
expenses. We understand that this request may entail the calling of these witnesses out
of order, and will accommodate the witnesses’ schedules, if necessary. We request that
the United States notify the court regarding the feasibility of video testimony on or
before December 3, 2015.
So ordered this 25th day of November, 2015.

S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge

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