Forte v. County of Merced et al

Filing 136

Notice/ORDER of Status Conference in Case 1:11-cv-00718 and Scheduling Order re: Competency Hearing, signed by District Judge Anthony W. Ishii on 5/29/13. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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EUGENE FORTE

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Plaintiff,
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v.
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COUNTY OF MERCED; DISTRICT
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ATTORNEY LARRY MORSE; DEPUTY )
DISTRICT ATTORNEY ALAN
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TURNER; COUNTY COUNSEL JAMES )
FINCHER; MERCED COUNTY
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SHERIFF MARK PAZIN; MERCED
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COUNTY SHERIFF DEPUTIES
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PACINICH, JASKOWIEAC, HILL and )
LEUCHNER; JAMES PADRON;
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SUPERVISOR JERRY O’BANION;
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CITY OF LOS BANOS; LOS BANOS
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POLICE OFFICERS GARY BRIZZEE )
and ANTHONY PARKER; CATHOLIC )
DIOCESE OF FRESNO; CONNIE
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McGHEE; McCLATCHY
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NEWSPAPERS; LOS BANOS
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ENTERPRISE; GENE LIEB; COREY
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PRIDE; and DOES 1 through 100, et al., )
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Defendants.
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____________________________________ )

1:11-cv-00318 AWI-BAM

NOTICE OF STATUS
CONFERENCE IN CASE #
1:11-cv-00718 and
SCHEDULING ORDER RE:
COMPETENCY HEARING

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On May 29, 2013, a status conference was held in the case of Forte v. Jones, 1:11-cv718, to address concerns arising from the intent expressed in Defendant’s pretrial statement
to introduce evidence at trial pertaining to Plaintiff’s mental competency to present evidence

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at trial. See Doc. # 44 at 3:12-14 (stating disputed evidentiary issue of Plaintiff’s competence

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as a result of the determination of Plaintiff’s incompetence to stand trial on misdemeanor

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criminal charges by Merced County Superior Court in People v. Gene Forte, CRL003409).

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On the basis of status reports filed by the parties in this case and in the court’s Case Number

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1:11-cv-00718, and on the basis of Plaintiff’s requests for appointment of guardian ad litem

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and appointment of counsel in this case 1:11-cv-00318 (Doc. # 134) and in Case Number

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1:11-cv-00718 (Doc.’s # 66 and 67), the court determined that it cannot proceed further in

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either case until the issue of Plaintiff’s mental competence is resolved. Although the issue of

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Plaintiff’s competency arose first at the status conference in Case Number 1:11-cv-00718, the

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outcome of this court’s determination of Plaintiff’s competency in that case will affect the

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conduct of this case as well. Therefore, the issue of Plaintiff’s competency will be

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determined at a single hearing at which Defendants in this case will be given an opportunity

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to present evidence and argument regarding Plaintiff’s competence to present evidence at trial

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and to represent himself in these civil cases.

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THEREFORE it is hereby ordered that the Defendant parties in Case Number 1:11-

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cv-00318 may appear at a hearing on the single issue of Plaintiff’s competence to present

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evidence and to represent himself at trial in the two civil cases now before this court to be

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held Tuesday, July 9, 2013, at 9:00 a.m. in Courtroom 2. Any documents not currently filed

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with the court that any party may wish the court to consider in advance of the hearing,

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including written summaries of arguments and evidence to be presented at the hearing, shall

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be filed and served not later than 4:00 p.m. on June 28, 2013.

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IT IS SO ORDERED.

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Dated:
0m8i78

May 29, 2013
SENIOR DISTRICT JUDGE

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