Corona v. Knowles et al

Filing 214

ORDER Setting Status Conference for May 31, 2017 at 2:30 PM and Directing Clerk of the Court to Serve a Copy of This Order on Plaintiff Andres Santana signed by Magistrate Judge Stanley A. Boone on 5/12/2017. Telephonic Status Conference set for 5/31/2017 at 02:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDRES SANTANA,

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Plaintiff,
v.
MIKE KNOWLES, et al.,

Case No. 1:08-cv-00237-LJO-SAB
ORDER SETTING STATUS CONFERENCE FOR
MAY 31, 2017 AT 2:30 PM AND DIRECTING
CLERK OF THE COURT TO SERVE A COPY
OF THIS ORDER ON PLAINTIFF ANDRES
SANTANA

Defendants.

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This action was filed on February 19, 2008, by Plaintiff Oscar Cruz proceeding pro se.

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(ECF No. 1.) After the death of Plaintiff Cruz, his success in interest obtained representation.

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(ECF Nos. 27, 33.) On November 9, 2009, Plaintiffs Andres Santana and Maria del Rosario

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Corona (collectively “Plaintiffs”) filed a first amended complaint alleging that Defendants Chris

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Chrones, S. Frauenheim, Kelly Harrington, and Mike Knowles (collectively “Defendants”)

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deprived Oscar Cruz and Andres Santana of adequate outdoor exercise. (ECF No. 62.)

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On December 9, 2009, Defendants filed a motion to dismiss. (ECF No. 65.) On January

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20, 2010, the Court dismissed Plaintiffs’ equal protection and procedural due process claims and

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denied dismissal of Plaintiffs’ Eighth Amendment claim. (ECF No. 73.) On June 15, 2012,

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Defendants filed a motion for summary judgment as to the only remaining claim, the Eighth

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Amendment claim. (ECF No. 142.) On September 14, 2012, the Court granted Defendants’

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motion for summary judgment. (ECF No. 188.)

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On October 23, 2012, Plaintiff Santana filed a notice of appeal from the order dismissing

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his due process and equal protection claims and the order on the summary judgment motion on

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the Eighth Amendment claim. (ECF No. 190.) On April 19, 2017, the Ninth Circuit Court of

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Appeal affirmed the district court’s grant of summary judgment on Plaintiff Santana’s Eighth

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Amendment claim on the basis of qualified immunity, affirmed the district court’s dismissal of
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Plaintiff Santana’s due process claim, and reversed the district court’s dismissal of Plaintiff

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Santana’s equal protection claim. (ECF No. 212.) The mandate issued on May 11, 2017. (ECF

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No. 213.)

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Following the decision on appeal, this action is proceeding on Plaintiff Santana’s equal

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protection claim against Defendants Chris Chrones, S. Frauenheim, Kelly Harrington, and Mike

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Knowles for monetary damages. Although Plaintiff filed his appeal pro se, counsel has never

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filed a notice terminating their representation in this matter. The record currently reflects that

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Plaintiff is represented by Aman Pradhan of Gordon-Creed, Kelley, Holl & Sugerman and

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Warren E. George Jr. of the Prison Law Office. Therefore, the Court shall set a status conference

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to address the status of Plaintiff’s representation and the scheduling of this matter upon remand.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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This action is set for a telephonic status conference on May 31, 2017, at 2:30 p.m.
in Courtroom 9;

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2.

If currently listed counsel is no longer intending to represent Plaintiff Santana in

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this action, they shall file a motion setting forth the legal basis to withdraw from

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representation or a substitution of new counsel form on or before May 26, 2017

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and advise new counsel of this order;

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3.

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Defense counsel shall arrange for Plaintiff to appear telephonically at the status
conference; and

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4.

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The Clerk’s Office is directed to serve a copy of this order on Andres Santana,
Inmate K00977; P.O. Box 5002; Calipatria, California 92233-5002.

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IT IS SO ORDERED.
Dated:

May 12, 2017
UNITED STATES MAGISTRATE JUDGE

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