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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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 CHARLES W. WINDHAM, 8 9 10 11 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. 12 13 Plaintiff Charles W. Windham (“Plaintiff”) is a state prisoner proceeding pro se and in 14 forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 15 Plaintiff’s Eighth Amendment claims of excessive force against Defendants M. Marin, D. Uribe, 16 W. Rasley, J. Contreras, A. Capano, R. Rubio, and Doe #1, and for deliberate indifference to 17 serious medical needs against Defendants C. Navarro, V. Morales, M. Marin, and S. Shiver. 18 Currently pending before the Court are: Defendants’ motion for summary judgment based 19 on Plaintiff’s failure to exhaust administrative remedies, (ECF No. 49); Plaintiff’s motion for 20 sanctions and contempt, (ECF No. 100); Plaintiff’s motion for evidentiary hearing, (ECF No. 21 101); and Defendants’ motion for terminating sanctions, or in the alternative, motion for 22 evidentiary sanctions, (ECF No. 105). 23 In support of his motions for sanctions, contempt, and evidentiary hearing, Plaintiff 24 contends that Defendants continue to withhold his legal property in violation of the Court’s order. 25 Plaintiff asserts that without his legal property, he is unable to respond to Defendant’s special 26 interrogatories. (ECF No. 100.) Defendants in turn contend that Plaintiff should be sanctioned 27 for failing to respond, without objections, to Defendants’ special interrogatories in violation of the 28 Court’s order. (ECF No. 105.) Defendants assert that they have located and returned all of 1 1 2 Plaintiff’s property. (ECF No. 98.) In light of the parties’ inability to resolve the issue of Plaintiff’s legal property, the Court 3 finds it appropriate to set a telephonic status conference in this case. The parties shall be prepared 4 to address what efforts have been made to locate and return Plaintiff’s legal property, and what 5 items, if any, are missing and necessary for Plaintiff to respond to Defendant’s special 6 interrogatories. 7 Accordingly, the Court HEREBY ORDERS that this matter is set for a telephonic status 8 conference on July 28, 2017, at 9:30 a.m. before the undersigned. The parties shall appear 9 telephonically by using the following dial-in number and passcode at the time set for the hearing: 10 dial-in number 1-877-411-9748; passcode 3190866. Counsel for Defendants is required to 11 arrange for Plaintiff’s participation by contacting the litigation coordinator at the institution where 12 Plaintiff is housed. 13 14 15 IT IS SO ORDERED. Dated: /s/ Barbara July 12, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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