The opinion of the court was delivered by: The Honorable Robert J. Timlin, Judge
Courtroom Clerk Court Reporter
ATTORNEYS PRESENT FOR PLAINTIFFS: ATTORNEYS PRESENT FOR DEFENDANTS:
PROCEEDINGS: ORDER GRANTING DEFENDANT BAKER'S MOTION FOR LEAVE OF COURT TO CONDUCT A VIDEO DEPOSITION TO BE USED AT TRIAL IN LIEU OF LIVE TESTIMONY (IN CHAMBERS)
The court has read and considered Defendant Baker's motion for leave of court to conduct a deposition to be used at trial in lieu of live testimony filed August 5, 2011 ("motion"), Plaintiff onald's opposition to that motion filed August 18, 2011, and Defendant Baker's reply filed August
The court will grant Defendant Baker's motion.
The court finds that Defendant Baker has established the existence of "exceptional under Federal Rules of Civil Procedure, Rule 32(a)(4)(E) to require a video deposition
of witness David Swaney to be used a trial in lieu of his live testimony. As Defendant Baker in his moving papers and the declaration of David Swaney attached thereto, the witness will
of the country on a pre-paid vacation to South Africa during the time of the trial.*fn1 Because of the lack of availability of courtrooms in the courthouse for the Sacramento Division of the Eastern of California, this trial must proceed on the date it is currently scheduled in the Sacramento or this court will have to move the trial to the Central District of California, Los Angeles for it able to go to trial in a timely fashion. Defendant Baker's witnesses (many of whom are doctors nurses), and their employer, the state prison system, will suffer the attendant increase in financial and the loss of medical providers in the overpopulated California prison system for a longer of time, if these witnesses are required to come to Los Angeles to testify. Further, the court Plaintiff McDonald's objections to be without merit, as Defendant Baker has agreed that Plaintiff onald will be given the opportunity to conduct a proper cross-examination during the deposition make objections to the admissibility of Mr. Swaney's testimony. The court will rule on those before the video of Mr. Swaney's testimony is played to the jury.
IT IS HEREBY ORDERED that Defendant Baker is granted leave to conduct a video deposition itness David Swaney to be used at trial in this case. Plaintiff McDonald must be present at the either in person or via videoconference, and be afforded the opportunity to cross-examine itness and make evidentiary objections.