Mix v. King

Filing 87

ORDER Granting 84 Defendants' Request for New Trial Date, signed by Magistrate Judge Michael J. Seng on 6/6/16. Jury Trial set for 1/10/2017 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, Telephonic Trial Confirmation Hearing set for 11/4/2016 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT D. MIX,

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Plaintiff,

CASE NO. 1:13-cv-00823-AWI-MJS (PC)
ORDER GRANTING DEFENDANTS’
REQUEST FOR NEW TRIAL DATE

v.
(ECF No. 84)
AUDREY KING, et al.,
Defendants.

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Telephonic Trial Confirmation
Hearing: November 4, 2016, at 10:00 a.m.
in Courtroom 2 (AWI)
Jury Trial: January 10, 2017, at 10:00 a.m.
in Courtroom 2 (AWI)

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Plaintiff is a civil detainee proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. The action proceeds against
Defendants Cunningham and Saloum on Plaintiff’s Fourteenth Amendment failure to
protect claims. On May 10, 2016, the Court issued a scheduling order setting trial for
November 1, 2016. (ECF No. 81.)
On May 17, 2016, Defendants filed a motion seeking a new trial date due to the
unavailability of Defendant Saloum, who is the lead presenter in a workshop at the
Research and Treatment Conference of the Association for the Treatment of Sex

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Offenders in Orlando, Florida from November 2 through 5. (ECF No. 84.) Defendants are

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available to reschedule to an earlier or later trial date.

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Plaintiff opposes the motion primarily on the ground that he believes Defendant

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Saloum unqualified to give such a presentation. He also questions the efficacy of the

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Sexually Violent Predator Act, pursuant to which he is presently detained, and therefore

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disputes the importance of the conference at which Defendant Saloum will present. (ECF

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No. 86.) Nonetheless, Plaintiff requests that, if the trial date is reset, it be reset to a later

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date so that he may continue to “check facts and obtain declarations” regarding newly

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learned facts pertaining to his case.

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Defendants have presented good cause for a new trial date. Plaintiff’s disputes

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regarding the subject matter of the conference and Defendant Saloum’s qualifications do

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not provide grounds for denying the request. The Court will continue trial and all pretrial

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deadlines. The Court notes, however, that trial of this matter has now been continued

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three times on the request of Defendants, resulting in a nearly nine month delay in

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bringing this case to trial. While these requests were warranted, further such requests

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will not be granted except upon a showing of unforeseen and presently unforeseeable

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exceptional circumstances or other good cause.

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Based on the foregoing, the deadlines set forth in the Court’s prior scheduling

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order (ECF No. 81) are HEREBY VACATED. The provisions of the scheduling order

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regarding the content of pretrial statements and Plaintiff’s witness motions will remain in

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effect. The Court hereby sets the following schedule for this litigation:

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1. This matter is set for telephonic trial confirmation hearing before the Honorable
Anthony W. Ishii on November 4, 2016, at 10:00 a.m. in Courtroom 2;
2. This matter is set for jury trial before the Honorable Anthony W. Ishii on
January 10, 2017, at 8:30 a.m. in Courtroom 2;

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3. Counsel for Defendant is required to arrange for the participation of Plaintiff in

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the telephonic trial confirmation hearing and to initiate the telephonic hearing

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at [phone];

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4. Plaintiff may serve and file an updated pretrial statement as described in the
Court’s May 10, 2016 Scheduling Order on or before September 9, 2016;

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5. Defendants may serve and file an updated pretrial statement as described in
the Court’s May 10, 2016 Scheduling Order on or before October 7, 2016;

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6. In addition to electronically filing their pretrial statement, Defendants shall e-

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mail their pretrial statements to: [e-mail];

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7. If Plaintiff intends to call additional incarcerated witnesses at trial, Plaintiff shall

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serve and file a motion for attendance of incarcerated witnesses as described

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in this Order on or before September 9, 2016;

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8. The opposition to the motion for the attendance of incarcerated witnesses, if

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any, shall be filed on or before October 7, 2016;

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9. If Plaintiff wishes to obtain the attendance of unincarcerated witnesses who

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refuse to testify voluntarily, Plaintiff must notify the Court of their names and

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locations on or before September 9, 2016, and Plaintiff must submit the money

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orders, as described in section I subsection D of the Court’s May 10, 2016

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Scheduling Order, to the Court on or before October 21, 2016;

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IT IS SO ORDERED.
Dated:

June 6, 2016

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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