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Wimberly v. County of Sacramento

September 8, 2008

LARRY WIMBERLY, PLAINTIFF,
v.
COUNTY OF SACRAMENTO, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Pursuant to the August 27, 2008, order by the district court, this action is now set for an evidentiary hearing in order to determine whether plaintiff exhausted his administrative remedies. The court now makes the following findings and orders in regard to the evidentiary hearing.

A. Witnesses

On or before twenty days prior to the hearing the parties shall provide witness lists.

Each party may call any witnesses designated by the other.

1. No other witness will be permitted to testify unless:

a. The party offering the witness demonstrates that the witness is for the purpose of rebutting evidence which could not be reasonably anticipated prior to the evidentiary hearing.

b. The witness was discovered after the exchange of witnesses and the proffering party makes the showing required in "2," below.

2. Within the twenty day period prior to the evidentiary hearing, the parties shall promptly inform the court and opposing parties of the existence of the unlisted witnesses so that the court may consider at the evidentiary hearing whether the witnesses shall be permitted to testify. The witnesses will not be permitted unless:

a. The witnesses could not reasonably have been discovered prior to the exchange of witness lists;

b. The court and the opposing party were promptly notified upon discovery of the witnesses;

c. If time permitted, the party proffered the witnesses for deposition; or

d. If time did not permit, a reasonable summary of the witnesses' testimony was ...


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