Perez v. Dill et al

Filing 112

AMENDED SECOND SCHEDULING ORDER signed by Magistrate Judge Barbara A. McAuliffe on 10/6/2015. (Telephonic Trial Confirmation Hearing set for 11/18/2015 at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Jury Trial set for 2/9/2016 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe).(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SAUL BARRIOS PEREZ,

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Plaintiff,
v.
DILL, et al.,

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Defendants.

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Case No.: 1:07-cv-01794-BAM (PC)
AMENDED SECOND SCHEDULING ORDER
Telephonic Trial Confirmation
Hearing: November 18, 2015, at 10:00 a.m.
in Courtroom 8 (BAM)
Jury Trial: February 9, 2016, at 8:30 a.m.
in Courtroom 8 (BAM)

Plaintiff Saul Barrios Perez (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s

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claims against Defendants Dill, Harden, Sobbe, Sandoval, Tyson, Chan, and Brown for conditions of

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confinement in violation of the Eighth Amendment. In light of the order assigning this action to the

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undersigned Magistrate Judge, the Court issues an amended schedule for this litigation.

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Accordingly, the Court HEREBY ORDERS as follows:

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1.

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This matter is set for telephonic trial confirmation hearing before the Honorable

Barbara A. McAuliffe on November 18, 2015, at 10:00 a.m. in Courtroom 8;
2.

This matter is set for jury trial before the Honorable Barbara A. McAuliffe on

February 9, 2016, at 8:30 a.m. in Courtroom 8;

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3.

this matter remain the same. Namely:
a.

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Counsel for Defendants is required to arrange for the participation of Plaintiff in

the telephonic trial confirmation hearing and to initiate the telephonic hearing at [phone];
b.

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All other dates, requirements, and instructions in the Court’s August 31, 2015 order in

Plaintiff shall serve and file a pretrial statement as described in the Court’s

August 31, 2015 order on or before October 19, 2015;
c.

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Defendants shall serve and file any amended or supplemental pretrial statement,

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if any, on or before November 2, 2015. In addition to electronically filing their amended or

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supplemental pretrial statement, Defendants shall e-mail the statement to:

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[e-mail];

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d.

If Plaintiff intends to call incarcerated witnesses at time of trial, Plaintiff shall

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serve and file a motion for attendance of incarcerated witnesses as described in the Court’s August 31,

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2015 order on or before October 19, 2015;
e.

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The opposition to the motion for the attendance of incarcerated witnesses, if

any, shall be filed on or before November 2, 2015; and,
f.

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If Plaintiff wishes to obtain the attendance of unincarcerated witnesses who

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refuse to testify voluntarily, he must notify the Court of their names and locations on or before

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October 19, 2015, and he must submit the money orders, as described in subsection 4 of the Court’s

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August 31, 2015 order, to the Court on or before December 17, 2015.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 6, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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