Mitchell v. DaViga, et al.

Filing 85

ORDER VACATING Trial Scheduling Order and Setting Status Conference; ORDER DENYING Motions as Moot signed by Magistrate Judge Erica P. Grosjean on 1/23/2017. Status Conference set for 2/6/2017 at 02:00 PM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COREY MITCHELL,

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Plaintiff,

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v.

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CHAVEZ, et al.,

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Case No. 1:13-cv-01324-DAD-EPG-PC
ORDER VACATINING TRIAL
SCHEDULING ORDER AND SETTING
STATUS CONFERENCE
ORDER DENYING MOTIONS AS MOOT

Defendants.

(ECF Nos. 70, 84)

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Plaintiff Corey Mitchell, an inmate in the custody of the California Department of

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Corrections and Rehabilitation (“CRCR”) has alleged a claim under the Eighth Amendment

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against Defendant Correctional Officer (“C/O”) Chavez and Defendant Sergeant Sheldon for

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failure to protect.

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On December 15, 2016, plaintiff filed a motion to appoint counsel. (ECF No. 72.) The

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Court granted the motion to appoint counsel on January 3, 2017. (ECF No. 73.) Prior to the

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appointment of counsel, the Court entered a trial scheduling order. (ECF No. 70.) That order set

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various deadlines and hearings, including a Telephonic Trial Confirmation Hearing on February

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6, 2017 and a Jury Trial set for March 7, 2017 before District Judge Dale A. Drozd. (Id.) Prior to

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receiving notification of appointment of counsel, Plaintiff filed several motions for the attendance

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of witnesses at the March 7 trial. (ECF Nos. 77-79.)

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On January 20, 2017, the parties filed a stipulation to vacate the deadlines and hearings set
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by the trial scheduling order and setting a telephonic status before Judge Erica P. Grosjean in

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order to set a new trial schedule. (ECF No. 84) The Court finds good cause to vacate the

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scheduling order and hold a status conference to select new dates including the trial date.

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Note that the Court intends to schedule those dates as close to the current schedule as

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possible and does not anticipate a lengthy delay before trial. The parties should continue to

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prepare diligently for trial.

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The parties should also be prepared to address the motions for attendance of incarcerated
witnesses during the status conference. (ECF Nos. 77-79)
IT IS ORDERED that the deadlines and hearings set by the December 14, 2016 trial
scheduling order are hereby VACATED. (ECF No. 70)
A Status Conference is hereby set for February 6, 2017 at 2:00 p.m. in Courtroom 10
(EPG) before Magistrate Judge Erica P. Grosjean.

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IT IS SO ORDERED.
Dated:

January 23, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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