Lakeith L. McCoy v. A. Holguin, et al.

Summary

The United States District Court for the Eastern District of California permits two of the plaintiff’s witnesses to testify remotely by Zoom at the upcoming trial. The order also addresses witness subpoenas, service, and estimated witness fees, per diem, and transportation costs for other witnesses.

Holdings

1. The court permitted Dr. Steven Yaplee and J. Jones to testify remotely at trial via Zoom because the parties agreed and good cause was shown.
2. The court took judicial notice that California Correctional Institution is approximately 157 miles from the United States District Courthouse in Fresno for purposes of calculating estimated transportation costs.

Questions Presented

1. Whether, for good cause and based on compelling circumstances with appropriate safeguards, plaintiff's witnesses Dr. Steven Yaplee and J. Jones should be permitted to testify remotely by contemporaneous transmission.
2. Whether the court could take judicial notice of the approximate distance between California Correctional Institution and the federal courthouse in Fresno for purposes of estimating witness transportation costs.

Disposition

other