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Andrew R. Lopez v. S. Cook

December 2, 2010

ANDREW R. LOPEZ, PETITIONER,
v.
S. COOK, ET AL., RESPONDENTS.



ORDER

On December 2, 2010, the undersigned presided over a settlement conference in the above-entitled action. Plaintiff Andrew Lopez and his counsel William Bishop appeared. Deputy Attorney General Christopher Becker appeared for defendants. After the settlement conference concluded, the following matters were heard.

WITHDRAWAL OF COUNSEL AND TRIAL SCHEDULE

On November 3, 2010 and November 4, 2010, plaintiff's counsel, Mr. Bishop, filed requests seeking to be relieved. In light of the circumstances set forth in counsel's requests and his supporting declaration, filed on November 17, 2010, the request to withdraw as counsel will be granted. Plaintiff shall now, once again, proceed pro se in this action. No further requests for the appointment of counsel by plaintiff will be entertained. /////

On November 17, 2010, counsel for plaintiff filed an amended ex parte application to continue the March 22, 2011 trial date and other trial related dates. That application will be granted in part and denied in part. In this regard, the January 31, 2011 pretrial conference previously set before District Judge Garland E. Burrell, Jr. will be vacated. In addition, the parties will be relieved of the requirement of filing a joint pretrial statement. However, the March 22, 2011 trial date shall remain in effect. At the hearing, the undersigned rescheduled the case and set the following dates: December 24, 2010 for plaintiff to file his pretrial statements; January 7, 2011 for defendants to file their pretrial statement; the court will conduct a pretrial conference on the papers on January 14, 2011, and a trial confirmation hearing will be held on February 11, 2011 at 1:30 p.m. in Courtroom 10 (13th floor) before the assigned district judge.*fn1

REQUIREMENTS FOR PRETRIAL STATEMENT

In addition to the matters already required to be addressed in the pretrial statement in accordance with Local Rule 281, plaintiff will be required to make a particularized showing in his pretrial statement in order to obtain the attendance of witnesses. Plaintiff is advised that failure to comply with the procedures set forth below may result in the preclusion of any and all witnesses named in his pretrial statement.

At the trial of this case, the plaintiff must be prepared to introduce evidence to prove each of the alleged facts that support the claims raised in the lawsuit. In general, there are two kinds of trial evidence: (1) exhibits and (2) the testimony of witnesses. It is the plaintiff's responsibility to produce all of the evidence to prove his case, whether that evidence is in the form of exhibits or witness testimony. If the plaintiff wants to call witnesses to testify, he must follow certain procedures to ensure that the witnesses will be at the trial and available to testify. /////

I. Procedures for Obtaining Attendance of Incarcerated Witnesses Who Agree to Testify Voluntarily

An incarcerated witness who agrees voluntarily to attend trial to give testimony cannot come to court unless this court orders the warden or other custodian to permit the witness to be transported to court. This court will not issue such an order unless it is satisfied that:

1. The prospective witness is willing to attend; and

2. The prospective witness has actual knowledge of relevant facts. With the pretrial statement, a party intending to introduce the testimony of incarcerated witnesses who have agreed voluntarily to attend the trial must serve and file a written motion for a court order requiring that such witnesses be brought to court at the time of trial.

The motion must:

1. State the name and address of each such witness; and

2. Be accompanied by affidavits showing that each witness is willing to testify and that each witness has actual knowledge of relevant facts. The willingness of the ...


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