Monclova-Chavez v. McEachern et al

Filing 112

ORDER After Hearing Scheduling Order, signed by Magistrate Judge Barbara A. McAuliffe on 4/23/2012. (Telephonic Motion to Bifurcate Hearing set for 6/18/2012 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; Telephonic Trial Confirmation Hearing set for 1/7/2013 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; Jury Trial set for 2/20/2013 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii.) (Marrujo, C)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MAXIMILIAN MONCLOVA-CHAVEZ, 10 11 12 CASE NO. 1:08-cv-00076-AWI-BAM Plaintiff, ORDER AFTER HEARING SCHEDULING ORDER v. Telephonic Motion to Bifurcate Hearing: June 18, 2012, at 1:30 p.m. in Courtroom 2 (AWI) ERIC McEACHERN, et al., 13 Defendants. Telephonic Trial Confirmation Hearing: January 7, 2013, at 1:30 p.m. in Courtroom 2 (AWI) 14 15 Jury Trial: 16 17 February 20, 2013, at 8:30 a.m. in Courtroom 2 (AWI) Trial Estimate: 6 days / 18 19 Plaintiff Maximilian Monclova-Chavez (“Plaintiff”) is a federal prisoner proceeding in this 20 civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 21 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights by federal 22 actors. On April 3, 2012, a telephonic scheduling conference was held before the undersigned and 23 further dates were set in this action. 24 Based upon the discussion at the telephonic hearing, it is HEREBY ORDERED that: 25 1. A hearing on Defendants’ motion to bifurcate shall be set for June 18, 2013, at 1:30 26 p.m. before the Honorable Judge Ishii. The parties shall make arrangements for a 27 conference call and, once all parties are on the line, shall call the Court at (559) 499- 28 499-5669; 1 1 a. Defendants’ motion to bifurcate shall be filed on or before May 4, 2012; 2 b. Plaintiff shall file an opposition or statement of non-opposition on or before 3 May 18, 2012; 4 5 c. 2. Defendants reply shall be filed on or before May 31, 2012; A telephonic trial confirmation hearing1 is set for January 7, 2013, at 1:30 p.m. in 6 Courtroom 2 (AWI) before the Honorable Anthony W. Ishii. The parties shall make 7 arrangements for a conference call and, once all parties are on the line, shall call the 8 Court at (559) 499-499-5669; 9 a. The parties are ordered to file a Joint Pretrial Statement pursuant to Local 10 Rule 281(a)(2). The parties are further directed to submit a digital copy of 11 their pretrial statement in Word Perfect X32 format, directly to Judge Ishii’s 12 chambers by emailing it to awiorders@caed.uscourts.gov. 13 b. The parties’ attention is directed to Rules 281 and 282 of the Local Rules of 14 Practice for the Eastern District of California, as to the obligations of counsel 15 in preparing for the pre-trial conference. The Court will insist upon strict 16 compliance with those rules. 17 3. A jury trial is set for February 20, 2013, at 8:30 a.m. in Courtroom 2 before the 18 Honorable Anthony W. Ishii, Chief United States District Court Judge. The parties’ 19 attention is directed to Local Rules of Practice for the Eastern District of California. 20 21 IT IS SO ORDERED. Dated: cm411 April 23, 2012 /s/ Barbara A. McAuliffe UNITED STATES MAGISTRATE JUDGE 22 23 24 25 1 26 27 During the hearing the Court had set dates for the motion in limine hearing and a briefing schedule. Due to Defendants filing a motion to bufurcate, the Court has determined that the motion in limine hearing shall be vacated and dates for the hearing and briefing schedule will be set at the telephonic trial confirmation hearing. 2 28 If W ordPerfect X3 is not available to the parties then the latest version of W ordPerfect or any other word processing program in general use for IBM compatible personal computers is acceptable. 2

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