Petosyan v. Hedgpeth et al

Filing 68

ORDER After Telephonic Conference, signed by Magistrate Judge Jennifer L. Thurston on 6/25/2013. Hearing on Motion to Dismiss set for 8/23/2013 at 09:00 AM at the United States Courthouse, 510 19th Street, Bakersfield, before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARTHUR PETOSYAN,

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Plaintiffs,

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v.
HEDGEPETH, et al.,
Defendants.

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) Case No.: 1:09-cv-00593 AWI JLT
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) ORDER AFTER TELEPHONIC CONFERENCE
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On June 24, 2013, the Court held a telephonic conference to evaluate whether the stay, placed

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on the motion to dismiss on March 18, 2013 (Doc. 18), should be lifted. The stay had been ordered to

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allow the parties and opportunity to attempt to resolve the matter without need for the Court’s

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intervention.

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At the conference, the parties reported that they have agreed Defendants will provide a

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supplement declaration explaining points raised by Plaintiff and would provide it no later than July 12,

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2013. In exchange, Defendants will withdraw subpoenas for depositions of three CDCR employees.

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In the event Plaintiff is not satisfied with the declaration, counsel SHALL meet and confer and, as

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necessary, seek a telephonic conference with the Court.

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Based upon this representation, the Court ORDERS:

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1.

The stay on the motion to dismiss (Doc. 52) is LIFTED;

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2.

Any opposition to the motion to dismiss SHALL be filed no later than August 2, 2013;
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3.

Any reply to the motion SHALL be filed no later than August 14, 2013;

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4.

Oral argument on the motion to dismiss SHALL be heard on August 23, 2013.

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Telephonic appearances via CourtCall are authorized and encouraged;
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All current dates are VACATED pending resolution of the motion to dismiss.

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IT IS SO ORDERED.
Dated:

June 25, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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