Slama v. City of Madera, et al

Filing 150

ORDER APPOINTING Limited Voluntary Counsel for Plaintiff; ORDER VACATING the Pretrial Conference and SETTING a Scheduling Conference. Plaintiff's motion to appoint counsel 141 is GRANTED; Andrew J. Fishkin, Esq., is appo inted as counsel in the above entitled matter for the limited purpose of preparing for and presenting the case at trial; The pretrial conference date of February 4, 2013, and the trial date of March 5, 2013, are VACATED; A scheduling conference is SET for March 12, 2013, at 10:30 a.m., before Magistrate Judge Sheila K. Oberto. The parties may appear telephonically; all parties intending to appear telephonically shall coordinate with each other one conference call to the Court at [phone] at the appointed time; At least one (1) week prior to the scheduling conference, the parties shall file a joint proposed schedule, proposing pretrial conference and trial dates. Order signed by Magistrate Judge Sheila K. Oberto on 1/30/2013. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY DEAN SLAMA,

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CASE NO. 1:08-cv-00810-AWI-SKO

Plaintiff,

ORDER APPOINTING LIMITED
VOLUNTARY COUNSEL FOR PLAINTIFF

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v.

(Doc. 141)

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ORDER VACATING THE PRETRIAL
CONFERENCE AND SETTING A
SCHEDULING CONFERENCE

CITY OF MADERA, et al.,
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Defendants.
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I.

INTRODUCTION AND BACKGROUND

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Plaintiff Anthony Dean Slama ("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. On September 12, 2011, the Court

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granted Plaintiff's motion for reconsideration, re-opened Plaintiff's case, and vacated the prior

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summary judgment orders. (Doc. 74.) On June 26, 2012, the Court denied in part, and granted in

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part, Defendants' motions for summary judgment. (Doc. 122.) Accordingly, the case was set for

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trial. (Doc. 132.)

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On January 22, 2013, Plaintiff filed a motion to appoint counsel. (Doc. 141.) For the reasons

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set forth below, Plaintiff's motion is GRANTED, the pretrial and trial dates are VACATED, and a

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scheduling conference is SET for the purposes of re-scheduling the pretrial conference and trial

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dates.

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II.

DISCUSSION

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On January 22, 2013, Plaintiff requested the appointment of counsel for the limited purpose

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of trial. (Doc. 141.) The Court notes that Defendants oppose the appointment of counsel on behalf

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of Plaintiff. (Doc. 148.) Nevertheless, upon review of the record, the history of this particular case,

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and in light of the difficulties an incarcerated pro se litigant will likely face at trial, the Court deems

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it appropriate to secure counsel for Plaintiff in this case for the limited purpose of trial. 28 U.S.C.

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§ 1915(e)(1); Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir. 1997). Further, Sujean Park, the

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Court's Pro Bono Program Director, was able to obtain voluntary counsel for Plaintiff.

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As such, Plaintiff's motion for appointment of counsel is GRANTED. Andrew J. Fishkin,

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Esq., has been selected from the Court’s pro bono attorney panel to represent Plaintiff, and he has

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accepted the appointment.

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To allow Mr. Fishkin an opportunity to review the Plaintiff's record and due to Senior District

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Judge Anthony W. Ishii's heavily impacted calendar and upcoming trials1, the pretrial conference set

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for February 4, 2013, and the trial set for March 5, 2013, are VACATED.

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The Court SETS a scheduling conference before Magistrate Judge Sheila K. Oberto for

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March 12, 2013, at 10:30 a.m., for the purpose of setting new pretrial conference and trial dates. The

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parties are ordered to meet and confer and file a joint proposed schedule one (1) full week prior to

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the scheduling conference. Due to Judge Ishii's heavily impacted trial calendar, the parties should

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be prepared to propose multiple pretrial conference and trial dates. Proposed pretrial conference

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dates should be set for a Wednesday, Thursday, or Friday, and proposed trial dates should begin at

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least eight (8) weeks thereafter on a Tuesday.2

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III.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff's motion to appoint counsel is GRANTED;

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2.

Andrew J. Fishkin, Esq., is appointed as counsel in the above entitled matter for the

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CONCLUSION AND ORDER

limited purpose of preparing for and presenting the case at trial;

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See Doc. 142, informing the parties that District Judge Ishii has multiple trials currently set for March 5, 2013,
and that a lengthy products liability trial is set to begin on February 26, 2013.
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The Court notes that Plaintiff recently represented that he did not wish to consent to Magistrate Judge
jurisdiction. (Doc. 146.) The parties are reminded that, if they consent, Magistrate Judge Oberto will be able to set firm
pretrial conference and trial dates, while District Judge Ishii has indicated that he cannot guarantee that the dates set will
not be continued due to his heavily impacted trial calendar. As such, the Court requests that the parties again consider
consenting to Magistrate Judge jurisdiction for all further proceedings in this matter, including trial.

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Mr. Fishkin shall notify Sujean Park, the Court's Pro Bono Program Director, at

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[phone], or via email at [e-mail], if he has any questions

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related to the appointment;

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4.

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The pretrial conference date of February 4, 2013, and the trial date of March 5, 2013,
are VACATED;

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A scheduling conference is SET for March 12, 2013, at 10:30 a.m., before Magistrate

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Judge Sheila K. Oberto. The parties may appear telephonically; all parties intending

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to appear telephonically shall coordinate with each other one conference call to the

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Court at [phone] at the appointed time;

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6.

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At least one (1) week prior to the scheduling conference, the parties shall file a joint
proposed schedule, proposing pretrial conference and trial dates; and

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The Clerk of the Court is directed to serve a copy of this order upon Andrew J.

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Fishkin, Law Offices of Andrew J. Fishkin PC, 235 H Street, Bakersfield, California

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93304.

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IT IS SO ORDERED.

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Dated:
ie14hj

January 30, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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