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1 ROBERT H. ZIMMERMAN, BAR NO. 84345
SCHUERING ZIMMERMAN & DOYLE, LLP 12/8/2020
2 400 University Avenue
Sacramento, California 95825-6502
3 (916) 567-0400
FAX: 568-0400
4
5 Attorneys for Defendant ENLOE MEDICAL CENTER
6
7
8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
9
10 PATSY NEWTON, individually; HAROLD ) NO. 20CV01091
NEWTON, individually; SUZANNE )
11 BOLDEN, individually, ) Assigned to Judge Tamara L. Mosbarger
) for All Purposes
12 )
) ENLOE MEDICAL CENTER'S
13 Plaintiffs, ) OPPOSITION TO PLAINTIFFS'
) MOTION IN LIMINE #3 TO REQUIRE
14 vs. ) DEFENDANT TIMELY PRODUCE
) PARTY AFFILIATED WITNESSES
15 ENLOE MEDICAL CENTER; and DOES 1 - )
50, et al., ) Date: February 4, 2021
16 ) Time: 1:30 p.m.
) Dept: 1
17 Defendants. )
______________________________________ ) Action Filed: May 29, 2020
18 Trial Date: February 8, 2021
19 Defendant Enloe Medical Center hereby opposes Plaintiffs’ Motion in Limine to
20 Require Defendant Timely Produce Party Affiliated Witnesses.
21 I.
22 INTRODUCTION
23 Plaintiffs seek an order directing Defendant Enloe Medical Center to timely produce
24 employees and “party affiliated witnesses” in whatever sequence and time requested by
25 Plaintiffs with 24-hour notice. Defendant opposes Plaintiffs’ motion as wholly unsupported
26 by authority and needlessly oppressive on the schedule of medical professionals.
27 ///
28 ///
01305346.WPD 1
ENLOE MEDICAL CENTER'S OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 3
1 II.
2 ARGUMENT
3 A. Defendant Represents It Will Coordinate the Testimony of Witnesses to the
Best of Its Ability
4
5 Defense counsel represents that it will have its witnesses presented in a timely
6 manner. However, defense counsel can only tell the witnesses when and where to be.
7 Defense counsel cannot physically deliver each witness at plaintiffs’ beckon call. As such,
8 defense counsel will coordinate witness logistics to the best of their abilities. However,
9 the plaintiffs need to give at least 72-96 hours notice to defense counsel so defense can
10 make appropriate accommodations. The witnesses sought are medical healthcare
11 professionals who are delivering essential services during an unprecedented global
12 pandemic. Twenty-four hours notice is insufficient time for these essential workers to
13 coordinate their appearance at trial around their obligation to care for the sick, weak, and
14 vulnerable. Thus, Plaintiffs should be required to give 72-96 hours notice for their requests.
15 B. Plaintiffs Offer No Legal Authority to Support Their Position
16 Plaintiffs request this order based on page 2 of the Civil Judges’ Trial Policies &
17 Protocols. However, the quoted material does nothing to indicate one party must be
18 responsible for the production of the witnesses. Plaintiffs have deposed the witnesses
19 who will testify at trial–they should generally understand how long each witness’
20 testimony will take. Thus, they should use the remedies afforded to them–the subpoena
21 power of the Court–to obtain the relief sought. There is no authority to support Plaintiffs’
22 contention that the burden is on the Defendant to produce Plaintiffs’ witnesses at trial.
23 Thus, Plaintiffs’ motion should be denied.
24 ///
25 ///
26 ///
27 ///
28 ///
01305346.WPD 2
ENLOE MEDICAL CENTER'S OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 3
1 III.
2 CONCLUSION
3 Based upon the foregoing, Defendant respectfully requests that Plaintiffs’ motion
4 be denied because: (1) Defendant will coordinate with its employees to schedule their
5 appearances at the times requested, given 72-96 notice considering their essential work
6 during the pandemic; and (2) Plaintiffs have offered no legal support for their request.
7 Dated: December 7, 2020
8 SCHUERING ZIMMERMAN & DOYLE, LLP
9
10 By /s/ Robert H. Zimmerman
ROBERT H. ZIMMERMAN
11 Attorneys for Defendant ENLOE MEDICAL
CENTER
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01305346.WPD 3
ENLOE MEDICAL CENTER'S OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 3
1 Proof of Service by Electronic Transmission - Civil
2 [Code of Civ. Proc. §§ 1010.6, 1011, 1013, 1013a, 2015.5; Cal. Rules of Court, rules
3 10.503, 2.100-2.119, 2.251]
4 I, Lynette F. Esquivel, declare:
5 At the time of service, I was over 18 years of age and not a party to this action. My
6 business address is: 400 University Avenue, Sacramento, California 95825.
7 On December 8, 2020, I served the following documents:
8 ENLOE MEDICAL CENTER'S OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE
9 #3 TO REQUIRE DEFENDANT TIMELY PRODUCE PARTY AFFILIATED WITNESSES
10 By e-mail or electronic transmission: Based on a court order or an agreement of
11 the parties to accept service by e-mail or electronic transmission, I caused the documents
12 to be sent to the persons at the e-mail addresses listed below. I did not receive, within
13 a reasonable time after the transmission, any electronic message or other indication that
14 the transmission was unsuccessful.
15 Attorney Representing Phone/Fax/E-Mail
16 Sean R. Laird Plaintiffs PHONE: 916-441-1636
The Law Firm of Sean R. Laird FAX: 916-760-9002
17 805 16th Street EMAIL:
Sacramento, CA 95814 seanlairdlaw@gmail.com
18
19
I declare under penalty of perjury, under the laws of the State of California, that the
20
foregoing is true and correct, and that this declaration was executed on December 8,
21
2020, at Sacramento, California.
22
23
/s/ Lynette F. Esquivel
24 Lynette F. Esquivel
1579-12195
25
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Preview
1 ROBERT H. ZIMMERMAN, BAR NO. 84345 SCHUERING ZIMMERMAN & DOYLE, LLP 12/8/2020 2 400 University Avenue Sacramento, California 95825-6502 3 (916) 567-0400 FAX: 568-0400 4 5 Attorneys for Defendant ENLOE MEDICAL CENTER 6 7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE 9 10 PATSY NEWTON, individually; HAROLD ) NO. 20CV01091 NEWTON, individually; SUZANNE ) 11 BOLDEN, individually, ) Assigned to Judge Tamara L. Mosbarger ) for All Purposes 12 ) ) ENLOE MEDICAL CENTER'S 13 Plaintiffs, ) OPPOSITION TO PLAINTIFFS' ) MOTION IN LIMINE #3 TO REQUIRE 14 vs. ) DEFENDANT TIMELY PRODUCE ) PARTY AFFILIATED WITNESSES 15 ENLOE MEDICAL CENTER; and DOES 1 - ) 50, et al., ) Date: February 4, 2021 16 ) Time: 1:30 p.m. ) Dept: 1 17 Defendants. ) ______________________________________ ) Action Filed: May 29, 2020 18 Trial Date: February 8, 2021 19 Defendant Enloe Medical Center hereby opposes Plaintiffs’ Motion in Limine to 20 Require Defendant Timely Produce Party Affiliated Witnesses. 21 I. 22 INTRODUCTION 23 Plaintiffs seek an order directing Defendant Enloe Medical Center to timely produce 24 employees and “party affiliated witnesses” in whatever sequence and time requested by 25 Plaintiffs with 24-hour notice. Defendant opposes Plaintiffs’ motion as wholly unsupported 26 by authority and needlessly oppressive on the schedule of medical professionals. 27 /// 28 /// 01305346.WPD 1 ENLOE MEDICAL CENTER'S OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 3 1 II. 2 ARGUMENT 3 A. Defendant Represents It Will Coordinate the Testimony of Witnesses to the Best of Its Ability 4 5 Defense counsel represents that it will have its witnesses presented in a timely 6 manner. However, defense counsel can only tell the witnesses when and where to be. 7 Defense counsel cannot physically deliver each witness at plaintiffs’ beckon call. As such, 8 defense counsel will coordinate witness logistics to the best of their abilities. However, 9 the plaintiffs need to give at least 72-96 hours notice to defense counsel so defense can 10 make appropriate accommodations. The witnesses sought are medical healthcare 11 professionals who are delivering essential services during an unprecedented global 12 pandemic. Twenty-four hours notice is insufficient time for these essential workers to 13 coordinate their appearance at trial around their obligation to care for the sick, weak, and 14 vulnerable. Thus, Plaintiffs should be required to give 72-96 hours notice for their requests. 15 B. Plaintiffs Offer No Legal Authority to Support Their Position 16 Plaintiffs request this order based on page 2 of the Civil Judges’ Trial Policies & 17 Protocols. However, the quoted material does nothing to indicate one party must be 18 responsible for the production of the witnesses. Plaintiffs have deposed the witnesses 19 who will testify at trial–they should generally understand how long each witness’ 20 testimony will take. Thus, they should use the remedies afforded to them–the subpoena 21 power of the Court–to obtain the relief sought. There is no authority to support Plaintiffs’ 22 contention that the burden is on the Defendant to produce Plaintiffs’ witnesses at trial. 23 Thus, Plaintiffs’ motion should be denied. 24 /// 25 /// 26 /// 27 /// 28 /// 01305346.WPD 2 ENLOE MEDICAL CENTER'S OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 3 1 III. 2 CONCLUSION 3 Based upon the foregoing, Defendant respectfully requests that Plaintiffs’ motion 4 be denied because: (1) Defendant will coordinate with its employees to schedule their 5 appearances at the times requested, given 72-96 notice considering their essential work 6 during the pandemic; and (2) Plaintiffs have offered no legal support for their request. 7 Dated: December 7, 2020 8 SCHUERING ZIMMERMAN & DOYLE, LLP 9 10 By /s/ Robert H. Zimmerman ROBERT H. ZIMMERMAN 11 Attorneys for Defendant ENLOE MEDICAL CENTER 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01305346.WPD 3 ENLOE MEDICAL CENTER'S OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE NO. 3 1 Proof of Service by Electronic Transmission - Civil 2 [Code of Civ. Proc. §§ 1010.6, 1011, 1013, 1013a, 2015.5; Cal. Rules of Court, rules 3 10.503, 2.100-2.119, 2.251] 4 I, Lynette F. Esquivel, declare: 5 At the time of service, I was over 18 years of age and not a party to this action. My 6 business address is: 400 University Avenue, Sacramento, California 95825. 7 On December 8, 2020, I served the following documents: 8 ENLOE MEDICAL CENTER'S OPPOSITION TO PLAINTIFFS' MOTION IN LIMINE 9 #3 TO REQUIRE DEFENDANT TIMELY PRODUCE PARTY AFFILIATED WITNESSES 10 By e-mail or electronic transmission: Based on a court order or an agreement of 11 the parties to accept service by e-mail or electronic transmission, I caused the documents 12 to be sent to the persons at the e-mail addresses listed below. I did not receive, within 13 a reasonable time after the transmission, any electronic message or other indication that 14 the transmission was unsuccessful. 15 Attorney Representing Phone/Fax/E-Mail 16 Sean R. Laird Plaintiffs PHONE: 916-441-1636 The Law Firm of Sean R. Laird FAX: 916-760-9002 17 805 16th Street EMAIL: Sacramento, CA 95814 seanlairdlaw@gmail.com 18 19 I declare under penalty of perjury, under the laws of the State of California, that the 20 foregoing is true and correct, and that this declaration was executed on December 8, 21 2020, at Sacramento, California. 22 23 /s/ Lynette F. Esquivel 24 Lynette F. Esquivel 1579-12195 25 26 27 28