Moore v. Gipson et al

Filing 91

ORDER Setting Telephonic Status Conference, signed by Magistrate Judge Barbara A. McAuliffe on 8/8/2018: Telephonic Status Conference set for 8/21/2018 at 10:00 AM, before Magistrate Judge Barbara A. McAuliffe. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MERRICK JOSE MOORE,

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Plaintiff,

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v.

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GIPSON, et al.,

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Case No. 1:13-cv-01820-BAM (PC)
ORDER SETTING TELEPHONIC STATUS
CONFERENCE
Date: August 21, 2018
Time: 10:00 a.m.

Defendants.

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Plaintiff Merrick Jose Moore (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s Eighth Amendment claims for excessive force against Defendants Meier, Casas,

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Childress, and Adams, and for failure to intervene against Defendants Ford and Thornburg.

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Currently pending before the Court is Plaintiff’s request for a court order directing prison

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officials to comply with his discovery requests, filed June 14, 2018. (ECF No. 82.) This motion

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is the most recent filing relating to a lengthy and ongoing discovery dispute between the parties.

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In brief, Defendants contend that Plaintiff has failed to serve supplemental discovery responses,

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despite the Court’s order granting their motion to compel. Plaintiff, in turn, contends that he

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cannot provide supplemental discovery responses because of multiple transfers between

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institutions, thus depriving him of access to his legal property.

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On June 20, 2018, the Court directed the parties to meet and confer regarding the ongoing

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discovery dispute, and to file a joint statement following the meet and confer. (ECF No. 83.) As

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the parties were unable to meet and confer, the Court set a telephonic status conference for July

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24, 2018. At the status conference, the parties agreed that defense counsel would contact the
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litigation coordinator at the institution where Plaintiff is housed to facilitate Plaintiff’s review of

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his files, including Plaintiff’s medical file, central file, and administrative grievances, and file a

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status report by August 7, 2018. (ECF No. 89.)

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Pursuant to the status report filed by defense counsel, it appears that a further telephonic

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status conference is appropriate. Plaintiff will have the opportunity to respond to Defendants’

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status report on the record at the status conference. The parties shall be prepared to address

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whether any supplemental discovery responses have been sent to or received by Defendants, and

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what items, if any, are still necessary for Plaintiff to provide supplemental discovery responses to

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Defendants.

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Accordingly, IT IS HEREBY ORDERED that this matter is set for a telephonic status

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conference on August 21, 2018, at 10:00 a.m. before the undersigned. The parties shall appear

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telephonically by using the following dial-in number and passcode at the time set for the hearing:

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dial-in number 1-877-411-9748; passcode 3190866. Counsel for Defendants is required to

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arrange for Plaintiff’s participation by contacting the litigation coordinator at the institution where

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Plaintiff is housed.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 8, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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