Mark A. Fregia v. Chen, et al.

Summary

The United States District Court for the Eastern District of California recommends denying plaintiff Mark A. Fregia’s motion for a default ruling. The court concludes that the defendant was not required to file a motion to secure the attendance of unincarcerated witnesses who agreed to testify voluntarily. The findings and recommendations were issued with a thirty-day period for objections.

Holdings

1. Under the court's scheduling order, no motion was required for unincarcerated witnesses who agreed to testify voluntarily; therefore, defendant's failure to file such a motion by the deadline did not warrant a default ruling or witness preclusion.

Questions Presented

1. Whether plaintiff was entitled to a default ruling or preclusion of defendant's witnesses because defendant did not file a motion for attendance of unincarcerated witnesses by the scheduling-order deadline.

Disposition

other