Windham v. Marin et al

Filing 117

ORDER Setting Telephonic Status Conference signed by Magistrate Judge Barbara A. McAuliffe on 07/12/2017. Telephonic Status Conference set for 7/28/2017 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHARLES W. WINDHAM,

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Plaintiff,
v.

Case No. 1:14-cv-01636-DAD-BAM (PC)
ORDER SETTING TELEPHONIC STATUS
CONFERENCE
Date: July 28, 2017
Time: 9:30 a.m.

M. MARIN, et al.,
Defendants.

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Plaintiff Charles W. Windham (“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 of excessive force against Defendants M. Marin, D. Uribe,

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W. Rasley, J. Contreras, A. Capano, R. Rubio, and Doe #1, and for deliberate indifference to

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serious medical needs against Defendants C. Navarro, V. Morales, M. Marin, and S. Shiver.

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Currently pending before the Court are: Defendants’ motion for summary judgment based

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on Plaintiff’s failure to exhaust administrative remedies, (ECF No. 49); Plaintiff’s motion for

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sanctions and contempt, (ECF No. 100); Plaintiff’s motion for evidentiary hearing, (ECF No.

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101); and Defendants’ motion for terminating sanctions, or in the alternative, motion for

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evidentiary sanctions, (ECF No. 105).

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In support of his motions for sanctions, contempt, and evidentiary hearing, Plaintiff

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contends that Defendants continue to withhold his legal property in violation of the Court’s order.

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Plaintiff asserts that without his legal property, he is unable to respond to Defendant’s special

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interrogatories. (ECF No. 100.) Defendants in turn contend that Plaintiff should be sanctioned

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for failing to respond, without objections, to Defendants’ special interrogatories in violation of the

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Court’s order. (ECF No. 105.) Defendants assert that they have located and returned all of
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Plaintiff’s property. (ECF No. 98.)
In light of the parties’ inability to resolve the issue of Plaintiff’s legal property, the Court

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finds it appropriate to set a telephonic status conference in this case. The parties shall be prepared

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to address what efforts have been made to locate and return Plaintiff’s legal property, and what

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items, if any, are missing and necessary for Plaintiff to respond to Defendant’s special

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interrogatories.

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Accordingly, the Court HEREBY ORDERS that this matter is set for a telephonic status

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conference on July 28, 2017, at 9:30 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

July 12, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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