Free Order on Motion to Continue - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL MINUTES

Phoenix Division CIV 03-2373-PHX-SRB Year Case No. HON: SUSAN R. BOLTON Andre Almond Dennison Plaintiff(s) Deputy Clerk: Maureen Williams DATE: 3-26-07

Judge # 7026 v. Conrad Luna, et al. Defendant(s) Court Reporter: Kim Moll

Darrin DeLange (telephonically) Andre Dennison (telephonically) Plaintiff(s) counsel Defense counsel ============================================================================= PROCEEDINGS: X Open Court Chambers SEALED This is the time set for Hearing re: Plaintiff's Motion to Continue/Postpone March 27, 2007, trial [doc. 201]. Discussion held re: Plaintiff's supplemental witness list [doc. 187]. Defense counsel advises the Court he will make the following Plaintiff witnesses available to testify at trial: Vince James, Paula Fridenmaker, Ernest Hewitt, Nathalie Nelson, Kathy Cooper and Carol Pinson. Plaintiff's witnesses who defense counsel is not offering to produce or does not have control to produce are discussed: Dennis Merritt, Neil Emore, Dr. Patricia Stapler, Wendy Eccles, Matthew Ritter, CO III Evans and CO III Bruemmer will be subpoenaed by Plaintiff. The following witnesses Plaintiff wishes to subpoena are no longer employed by the Arizona Department of Corrections and, therefore, will not be subpoenaed as plaintiff does not have an address for service: Dave Whiteaker, Carol Lamb, Cristle Gordon and Jennifer Clemenshaw. Plaintiff advises the Court that he will not be calling the following witnesses to testify at trial: Leonard Brent and CO Osgood. Over objection of defense counsel and for reasons as stated on the record, IT IS ORDERED granting Plaintiff's Motion to Continue Trial [doc. 201]. IT IS FURTHER ORDERED directing defense counsel to submit in writing to the Court his trial availability. The Court will then consult its calendar and will issue an order resetting the jury trial. Hearing length: 38 minutes

Case 2:03-cv-02373-SRB

Document 203

Filed 03/26/2007

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