More, Caroline v. Callahan, William et al
ORDER granting 115 Motion to Strike; granting in part and denying in part 114 Motion for Issuance of Subpoenas. Subpoenas shall be issued for Ray Koch and Paul Brockert. Subpoenas will not be issued for Dr. Sarah Ahrens, United States Marshal Lucas Baldwin, Robert More, Archbishop Jerome Listecki, Bishop William Callahan and Christopher Ruff, and plaintiff will not be allowed to call these individuals as witnesses at trial. Signed by District Judge Barbara B. Crabb on 3/20/15. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CAROLINE MORE,
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - On March 19, 2015, pro se plaintiff Caroline More filed a request to subpoena eight
witnesses for trial, which is scheduled for April 6, 2015. Dkt. #114. Defendant William
Moore has filed a motion pursuant to Fed. R. Civ. P. 37(c)(1), asking the court to strike
plaintiff’s request with respect to six of these witnesses on the ground that plaintiff has failed
to comply with Fed. R. Civ. P. 26(a)(3) or the March 16, 2015 deadline for pre-trial
submissions set forth in this court’s pre-trial order entered on March 9, 2015. Dkt. #115.
Rule 26(a)(3) requires that a party must provide to the other parties and promptly
file the name and contact information of each witness the party expects to present at trial.
In the preliminary pretrial conference order entered by Magistrate Judge Stephen Crocker
on June 3, 2013, plaintiff was informed that the deadline for filing final pretrial submissions,
which include all Rule 26(a)(3) disclosures, motions in limine, proposed voir dire questions,
proposed jury instructions and proposed verdict forms was July 25, 2014. Dkt. #20 at 8.
The Magistrate Judge extended that deadline to March 6, 2015, dkt. #53, and in the March
9, 2015 trial preparation order, I further extended the deadline for naming witnesses and
requesting subpoenas until March 16, 2015. Dkt. #111. At a telephonic status hearing held
on March 16, 2015, I granted plaintiff’s request to subpoena the following three witnesses
Paul Brockert, Mary Amundsen and Ray Koch.
Dkt. #113 at 1 (order
summarizing rulings in hearing). In addition, defense counsel stated at the hearing that
defendant Moore would be present at trial and agreed to allow plaintiff to call him as an
adverse witness. Id. Plaintiff failed to name any other witnesses by the March 16 deadline.
Now plaintiff seeks to request subpoenas for Dr. Sarah Ahrens, United States Marshal
Lucas Baldwin (the correct spelling of his last name is Balde), Robert More, Archbishop
Jerome Listecki, Bishop William Callahan and Christopher Ruff. Because plaintiff has not
complied with Rule 26(a)(3) or the deadline set forth in this court’s March 9 trial
preparation order, she will not be permitted to call these six witnesses at trial and her request
to subpoena these witnesses will be denied. Rule 37(a)(1) (“If a party fails to provide
information or identify a witness as required by Rule 26(a) or (e), the party is not allowed
to use that information or witness . . . at a trial . . .”). Plaintiff was given several extensions
and ample opportunity to name her witnesses.
Subpoenas will be issued for Ray Koch and Paul Brockert because plaintiff timely
named them as witnesses. However, I note that plaintiff seems to have misunderstood the
process by which subpoenas are served because she indicates that she will be sending the
court a check for the witnesses’ fees and costs.
As explained on page 21 of the trial
preparation order that was sent to her on March 9, 2015, dkt. #111, “it will be the party's
responsibility to complete the subpoena form and send it to the person at least 18 years of
age who will be serving the subpoena . . . together with the necessary check or money order.”
Therefore, once plaintiff receives the subpoena forms from the clerk’s office, she will need
to complete the forms and send them to a process server along with the necessary funds for
the witnesses’ fees and costs.
IT IS ORDERED that:
1. Defendant William Moore’s motion to strike, dkt. #115, is GRANTED.
2. Plaintiff Caroline More’s request to issue subpoenas, dkt. #114, is GRANTED in
part and DENIED in part. Subpoenas shall be issued for Ray Koch and Paul Brockert.
Subpoenas will not be issued for Dr. Sarah Ahrens, United States Marshal Lucas Baldwin,
Robert More, Archbishop Jerome Listecki, Bishop William Callahan and Christopher Ruff,
and plaintiff will not be allowed to call these individuals as witnesses at trial.
Entered this 20th day of March, 2015.
BY THE COURT:
BARBARA B. CRABB
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