Monclova-Chavez v. McEachern et al

Filing 170

ORDER Setting Dates for Telephonic Trial Confirmation Hearing and Trial Dates for Defendant Tincher signed by District Judge Anthony W. Ishii on 07/30/2013. Trial Confirmation Hearing set for 9/3/2013 at 03:00 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial set for 10/8/2013 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAXIMILLIAN MONCLOVA-CHAVEZ,

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Plaintiff,

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v.
ERIC McEACHERN, et al.,

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Defendants.

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Case No.: 1:08-cv-00076-AWI-BAM
ORDER SETTING DATES FOR TELEPHONIC
TRIAL CONFIRMATION HEARING AND TRIAL
DATES FOR DEFENDANT TINCHER

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This action proceeds on Plaintiff Maximilian Monclova-Chavez’s complaint filed on January

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15, 2008. Plaintiff Maximilian Monclova-Chavez is a federal prisoner proceeding in this civil rights

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action filed 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) for two separate incidents of excessive force in violation of the Eighth

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Amendment. The court severed the trial of Defendants Miller, White and McEachern from the trial

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against Defendant Tincher. This order is limited to the trial involving Defendant Tincher.

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On June 24, 2013, the court held a telephonic trial confirmation hearing. Based on the court’s

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availability, the court vacated the August 6, 2013 trial date. The court directed counsel for the parties

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to confer and to inform the court of new dates. (ECF No. 149.)

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Pursuant to the court’s directive, the parties have requested a trial date of October 8, 2013 in

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the matter of Monclova-Chavez v. Tincher. Accordingly, IT IS HEREBY ORDERED as follows:

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1. A telephonic trial confirmation hearing for the matter against Defendant Tincher is set for

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

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Ishii. 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]; and
2. A jury trial for the matter against Defendant Tincher is set for October 8, 2013, at 8:30 a.m.

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in Courtroom 2 before the Honorable Anthony W. Ishii.

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IT IS SO ORDERED.

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Dated: July 30, 2013

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SENIOR DISTRICT JUDGE
DEAC_Signature-END:

0m8i788

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