Cranford v. Badagon

Filing 43

ORDER Denying 42 Motion for Second Trial by Jury and Conference Date as Premature signed by Magistrate Judge Barbara A. McAuliffe on 02/12/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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ANGELA BADAGON, et al.
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Defendants.
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CONSOLIDATED ACTION
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ARCHIE CRANFORD,

Case No.: 1:11-cv-00736 -LJO-BAM
ORDER DENYING MOTION FOR SECOND
TRIAL BY JURY AND CONFERENCE DATE
AS PREMATURE
(ECF No. 42)

Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On December 17, 2013, the court

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consolidated Cranford v. Badagon, 1:11-cv-00736 LJO BAM, with Cranford v. Perryman, et al., 1:13-

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cv-00906 LJO BAM. This action now proceeds against Defendant Badagon for excessive force in

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violation of the Fourteenth Amendment and against Defendants Perryman and Havder for failure to

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protect in violation of the Fourteenth Amendment.

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Due to the consolidation, on December 18, 2013, the Court vacated the Second Scheduling

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Order, including the trial date, and issued an Amended Discovery and Scheduling Order. Pursuant to

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that order, the deadline to file an unenumerated Rule 12(b) motion regarding the claim against

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Defendants Perryman and Havder was December 22, 2013, the deadline to complete discovery
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regarding the claim against Defendants Perryman and Havder is March 22, 2014, and the dispositive

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motion deadline for all claims in this action is April 24, 2014. (ECF No. 41.)

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On February 10, 2014, Plaintiff filed the instant motion requesting that the Court set a second

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trial date, along with a conference date to determine Plaintiff’s readiness for trial. (ECF No. 42.)

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Plaintiff’s request is premature. As noted above, discovery is ongoing regarding the claim against

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Defendants Perryman and Havder and the dispositive motion deadline has not yet passed. The Court

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will not set a trial date until after completion of all discovery and resolution of any dispositive

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motions. Accordingly, Plaintiff’s motion for a second trial date is DENIED.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

February 12, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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