Monclova-Chavez v. McEachern et al

Filing 130

AMENDED ORDER Setting Dates for Defendant Tincher, signed by Magistrate Judge Barbara A. McAuliffe on 8/23/12. Telephonic Trial Confirmation Hearing set for 6/24/2013 at 03:00 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii, Jury Trial set for 8/6/2013 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MAXIMILIAN MONCLOVA-CHAVEZ,

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CASE NO. 1:08-cv-00076-AWI-BAM

Plaintiff,

AMENDED ORDER SETTING DATES FOR
DEFENDANT TINCHER

v.
Telephonic Trial Confirmation Hearing:
June 24, 2013, at 3:00 p.m., in Courtroom 2
(AWI)

ERIC McEACHERN, et al.,

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Defendants.
Jury Trial: August 6, 2013, at 8:30 a.m., in
Courtroom 2 (AWI)

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Plaintiff Maximilian Monclova-Chavez (“Plaintiff”) is a federal prisoner proceeding in this

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civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403

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U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights by federal

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actors. This action is proceeding on the complaint, filed January 15, 2008, against Defendants

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McEachern,1 Miller, White, and Tincher for excessive force in violation of the Eighth Amendment.

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This action is currently set for jury trial before the Honorable Anthony W. Ishii on February 20,

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2013, at 8:30 a.m. On June 21, 2012, an order issued granting Defendant Tincher’s motion to

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bifurcate and sever the trial. On August 21, 2012, a scheduling conference was held to set a new trial

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date. Accordingly, IT IS HEREBY ORDERED that:

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1.

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The telephonic trial confirmation hearing set before the Honorable Anthony W. Ishii
for January 7, 2013, at 1:30 p.m. shall remain for Defendants Miller and White;

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On December 8, 2010, default was entered against Defendant McEachern. (ECF Nos. 71, 72.)

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2.

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The jury trial set before the Honorable Anthony W. Ishii for February 20, 2013, at
8:30 a.m. shall remain for Defendants Miller and White;

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A telephonic trial confirmation hearing for Defendant Tincher is set for June 24,

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2013, at 3:00 p.m., in Courtroom 2 (AWI) before the Honorable Anthony W. Ishii.

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The parties shall make arrangements for a conference call and, once all parties are on

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the line, shall call the Court at [phone];

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a.

The parties are ordered to file a Joint Pretrial Statement pursuant to Local

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Rule 281(a)(2). The parties are further directed to submit a digital copy of

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their pretrial statement in Word Perfect X32 format, directly to Judge Ishii’s

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chambers by emailing it to [e-mail].

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b.

The parties’ attention is directed to Rules 281 and 282 of the Local Rules of

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Practice for the Eastern District of California, as to the obligations of counsel

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in preparing for the pre-trial conference. The Court will insist upon strict

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compliance with those rules.

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4.

A jury trial for Defendant Tincher is set for August 6, 2013, at 8:30 a.m., in

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Courtroom 2 before the Honorable Anthony W. Ishii, Chief United States District

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Court Judge. The parties’ attention is directed to Local Rules of Practice for the

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Eastern District of California.3

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IT IS SO ORDERED.
Dated:
cm411

August 23, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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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.
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Due to a typographical error, the original order had an incorrect date for the jury trial. This order issues to
correct the date of trial to August 6, 2013.

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