Valson v. Kelso et al

Filing 66

ORDER Following Status Conference, signed by Magistrate Judge Erica P. Grosjean on 11/1/18. Jury Trial set for 12/17/2019 at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Trial Confirmation Hearing set for 10/21/2019 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SILUS M. VALSON,

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Case No. 1:14-cv-01420-DAD-EPG (PC)

Plaintiff,

ORDER FOLLOWING STATUS
CONFERENCE

v.

(ECF NO. 61)

MATTHEW CATE and MARTIN BITER,
Defendants.

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Silus Valson (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in
this civil rights action filed pursuant to 42 U.S.C. § 1983.

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The Court held a telephonic discovery and status conference on October 31, 2018.

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Plaintiff appeared on behalf of himself and counsel Tyler Heath and Adriano Hrvatin appeared

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on behalf of Defendants.

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For the reasons stated on the record at the conference, IT IS ORDERED that:

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1. The order to show cause issued on October 16, 2018 (ECF No. 61), is

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DISCHARGED.

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2. Defendants have until November 12, 2018, to file any supplement to their motion

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for judgment on the pleadings, including a supplement to their request for judicial

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notice.

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3. Defendants have until November 19, 2018, to file a response to Plaintiff’s requests

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for judicial notice (ECF Nos. 37; 38; 39, pgs. 29-33; & 41). Plaintiff has until

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November 26, 2018, to file a reply.

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4. Counsel Tyler Heath shall contact Plaintiff to meet and confer regarding whether a

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settlement conference would be beneficial, and if so, when it should be held. No

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later than November 19, 2018, Mr. Heath shall inform the Court via email

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([e-mail]) whether the parties want a settlement conference to

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be set, and if so, provide potential dates. Additionally, Mr. Heath shall mail a copy

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of the email to Plaintiff.

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5. The deadline for Defendants to file an opposition to Plaintiff’s motion for summary
judgment and a cross-motion for summary judgment is January 18, 2019.

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6. The deadline for Plaintiff to reply to Defendants’ opposition to his motion for

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summary judgment and respond to Defendants’ cross-motion for summary

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judgment is February 8, 2019.

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7. The Telephonic Trial Confirmation Hearing is set for October 21, 2019, at 1:30

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p.m., in Courtroom 5, before District Judge Dale A. Drozd.

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telephonically, the parties must dial into the conference at 877-402-9757, using

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access code 6966236, at the time of the hearing. Counsel for Defendants is required

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to arrange for the participation of Plaintiff in the Telephonic Trial Confirmation

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Hearing.

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conference line, please wait to state your appearance until your case has been called

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and appearances are requested. Keep all background noise to a minimum.

To participate

Because the Court may be hearing other matters using the same

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8. The deadline for the parties to file motions for the attendance of incarcerated

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witnesses is August 21, 2019. Oppositions, if any, must be filed on or before

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September 20, 2019.

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9. If Plaintiff wishes to have the Marshals Service serve any unincarcerated witnesses

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who refuse to testify voluntarily, Plaintiff must submit the money orders to the

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Court no later than September 20, 2019. In order to ensure timely submission of the

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money orders, Plaintiff must notify the Court of the names and locations of his

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witnesses no later than August 21, 2019.
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10. Plaintiff shall file and serve a pretrial statement on or before August 21, 2019.

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Defendants shall file and serve a pretrial statement on or before September 20,

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2019.

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11. The Trial is set for December 17, 2019, at 1:00 p.m., in Courtroom 5, before District

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Judge Dale A. Drozd.
12. All other deadlines remain the same.

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IT IS SO ORDERED.
Dated:

November 1, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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