Zuniga v. Jordan et al

Filing 86

ORDER SETTING Telephonic Trial Scheduling Conference, signed by Magistrate Judge Barbara A. McAuliffe on 3/20/13: Telephonic Trial Scheduling Conference set for 5/2/2013 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe; Defense counsel shall make arrangements for a conference call and, once all parties are on the line, shall call the Court at [phone].(Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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LARRY ZUNIGA,

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CASE NO. 1:09-cv-01208-AWI-BAM PC
Plaintiff,

ORDER SETTING TELEPHONIC
SCHEDULING CONFERENCE

TRIAL

v.
CHRIS JORDAN, et al.,
Defendants.
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Plaintiff Larry Zuniga (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on Plaintiff’s

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complaint, filed July 13, 2009, against Defendants Berke, Torres, Henderson, and Jordan for

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excessive force in violation of the Eighth Amendment.

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On March 22, 2012, the Court issued an amended pretrial order setting trial for July 17, 2012.

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On June 25, 2012, the Court vacated the July 17, 2012 trial date and scheduled a telephonic status

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conference. (ECF No. 70.) The Court held telephonic status conferences on July 16, 2012, August

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27, 2012, September 10, 2012 and November 19, 2012. (ECF Nos. 71, 72, 75, 79.)

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Plaintiff did not appear at the November 19, 2012 telephonic status conference. He

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reportedly had been paroled and had failed to provide the Court his current address. (ECF No. 79.)

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Thereafter, on November 21, 2012, Defendants filed a motion to dismiss this action based

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on Plaintiff’s failure to comply with the Court’s orders to provide current contact information and

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his failure to prosecute this action. (ECF No. 80.) On December 3, 2012, Plaintiff filed a notice of

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change of address. (ECF No. 81.) Defendants subsequently withdrew their motion to dismiss. (ECF
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No. 84.)

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As the trial date has been vacated and no other dates have been set, the Court HEREBY
ORDERS as follows:
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2013, at 9:30 a.m. in Courtroom 8; and
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A telephonic trial scheduling conference is set before the undersigned on May 2,

Defense counsel shall make arrangements for a conference call and, once all parties
are on the line, shall call the Court at [phone].

IT IS SO ORDERED.
Dated:
10c20k

March 20, 2013

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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