STANLEY A. BOONE, District Judge.
Plaintiff Michael Andre Todd is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
This action is proceeding against Defendants Lopez and Hedgpeth for deliberate indifference to a serious medical need in violation of the Eighth Amendment. The case is currently set for jury trial on May 28, 2014, at 8:30 a.m. before the undersigned.
Now pending before the Court is Plaintiff's motion for attendance of unincarcerated witnesses, filed March 21, 2014.
Plaintiff requests the attendance of the following eight non-retained expert witnesses: (1) Marshal S. Lewis, M.D. (Tehachapi Surgery Center and Tehachapi Clinic); (2) Ismail Patel, M.D. (Kern Valley State Prison); (3) Sharon Zamora, Health Care Manager (Kern Valley State Prison); (4) Catherine Moody, R.N. (Kern Valley State Prison); (5) Steve Fama, Attorney (San Quentin Prison Law Office); (6) Tobia Smith, Litigation Assistant (San Quentin Prison Law Office); (7) Emma Rosenbush, Litigation Assistant (San Quentin Prison Law Office); and (8) Zoe Schonfeld, Attorney (San Quentin Prison Law Office). Plaintiff indicates that these witnesses have personal knowledge of the events described in his complaint. (ECF NO. 111, pp. 2-6.) Plaintiff's motion shall be granted.
Plaintiff provides two different addresses for witness Marshall S. Lewis, M.D. The first address is Tehachapi Surgery Center, 20960 Sage Lane, Tehachapi, California 93561. If Plaintiff wishes to have Marshall S. Lewis served with a summons to testify at trial from this address, Plaintiff must submit money order, made out to said witness in the amount of $209.50.
If Plaintiff wishes to have Ismail Patel, Sharon Zamora, and Catherine Moody served with a summonses to testify at trial, Plaintiff must submit a money order, for each witness, made out to said witness in the amount of $131.76.
If Plaintiff wishes to have Steve Fama, Tobias Smith, Emma Rosenbush, and Zoe Schonfeld served with summonses to testify at trial, Plaintiff must submit a money order, for each witness, made out to said witness in the amount of $258.09.
Based on the foregoing,
IT IS HEREBY ORDERED as follows:
1. Plaintiff's motion for the attendance of unincarcerated witnesses Marshal S. Lewis, M.D, Ismail Patel, M.D., Sharon Zamora, Catherine Moody, R.N., Steve Fama, Tobias Smith, Emma Rosenbush, and Zoe Schonfeld is GRANTED;
2. To have Marshal S. Lewis served with a summons to testify at trial, Plaintiff must submit a money order made out to said witness in the amount of either $209.50 or $164.30, dependent on the witnesses address at the time of service;
3. To have Ismail Patel, Sharon Zamora, and Catherin Moody served with summonses to testify at trial, Plaintiff must submit a money order made out to each witness in the amount of $131.76;
4. To have Steve Fama, Tobias Smith, Emma Rosenbush, and Zoe Schonfeld served with summonses to testify at trial, Plaintiff must submit a money order made out to each witness in the amount of $258.09; and
5. The Court cannot accept cash and the money order may not be made out to the Court. The money order must be made out in the witness's name.