Aubert v. Elijah et al

Filing 109

ORDER Continuing Jury Trial Jury Trial Continued: From: October 29, 2013, at 8:30 a.m. in Courtroom 4 (LJO), To: November 5, 2013, at 8:30 a.m. in Courtroom 4 (LJO), ORDER Offering Defendants Opportunity To Consent To Magistrate Judge Jurisdi ction Within Seven Days, ORDER For Clerk To Send Consent/Decline Form To Defendants, signed by District Judge Lawrence J. O'Neill on 10/21/2013. (Consent Deadline: 10/25/2013, Jury Trial set for 11/5/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill)(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ESS’NN A. AUBERT,
Plaintiff,

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vs.

1:07-cv-01629-LJO-GSA-PC
ORDER CONTINUING JURY TRIAL
Jury Trial Continued:

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CORRECTIONAL OFFICERS KEVIN
ELIJAH AND MARIO GARCIA,

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Defendants.

From: October 29, 2013, at 8:30 a.m. in
Courtroom 4 (LJO)
To:

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November 5, 2013, at 8:30 a.m. in
Courtroom 4 (LJO)

ORDER OFFERING DEFENDANTS
OPPORTUNITY TO CONSENT TO
MAGISTRATE JUDGE JURISDICTION
WITHIN SEVEN DAYS
ORDER FOR CLERK TO SEND
CONSENT/DECLINE FORM TO
DEFENDANTS

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This civil rights action, brought pursuant to 42 U.S.C. ' 1983, proceeds on the original
Complaint filed by state prisoner Ess’nn A. Aubert (APlaintiff@) on November 8, 2007, against
defendants Correctional Officers (C/O) Kevin Elijah and Mario Garcia (ADefendants”), for use

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of excessive force against Plaintiff, in violation of the Eighth Amendment. (Doc. 1.)1 This

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case is presently set for jury trial on October 29, 2013 before District Judge Lawrence J.

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O’Neill.

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The parties are HEREBY NOTIFIED that due to Judge O’Neill’s impacted trial

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calendar, it is necessary to continue the trial for this action to November 5, 2013 at 8:30 a.m.

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before District Judge Lawrence J. O’Neill.

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Defendants are offered another opportunity to consent to Magistrate Judge jurisdiction,

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by Friday, October 25, 2013.

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interruption, are avoided if the parties consent to conduct of further proceedings by a U.S.

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Magistrate Judge. The civil and criminal dockets of the U.S. Magistrate Judges in Fresno are

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much less crowded than those of the District Court Judges and consequently the Magistrate

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Judges are able to give litigants firm trial dates. This Court recognizes that Defendants have

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filed a decline to Magistrate Judge jurisdiction. However, given the gravity of Judge O’Neill’s

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inability to commit to trials, Defendants are encouraged to reconsider Magistrate Judge

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consent.2

Case management difficulties, including trial setting and

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The jury trial for this action is continued:

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From October 29, 2013, at 8:30 a.m. in Courtroom 4 (LJO)

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To November 5, 2013, at 8:30 a.m. in Courtroom 4 (LJO);

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2.

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The Clerk is directed to send Defendants the court’s form for consent to or
decline of Magistrate Judge jurisdiction; and

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Defendants are offered another opportunity to consent to Magistrate Judge
jurisdiction, by returning the court’s consent form by this Friday, October 25,

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On July 31, 2009, the court dismissed all other claims and defendants from this action, based on Plaintiff’s failure to
state a claim. (Doc. 17.)
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Plaintiff filed consents to U.S. Magistrate Judge jurisdiction on May 13, 2013 and May 28,
2013 in response to the court’s second scheduling order, in which the parties were directed to either consent to or
decline U.S. Magistrate Judge jurisdiction. (Docs. 86, 89.)
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original date, that is a possibility, but both sides need to advise the Court of that

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desire when they consent.

IF there is M.J. jurisdiction, and the parties both wish to keep the

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

October 21, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

b9ed48bb

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The court’s form gives the parties thirty days in which to submit the form for consent to or
decline of Magistrate Judge jurisdiction. However, due to time constraints, Defendants are encouraged to sign and
submit the form to the court immediately if interested.
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