Sanders v. Matthew et al

Filing 45

ORDER GRANTING Motion to Continue Scheduling Conference and DENYING Request to set the Scheduling Conference before Judge O'Neill, document 44 . The Initial Scheduling Conference currently set for 8/8/2017 will now be held on 8/22/2017 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 8/1/2017. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PHILLIP SANDERS,

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Plaintiff,
v.

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MATTHEW, et al.
Defendants.

Case No. 1:15-cv-00395-LJO-EPG
ORDER GRANTING MOTION TO
CONTINUE SCHEDULING
CONFERENCE AND DENYING
REQUEST TO SET THE SCHEDULING
CONFERENCE BEFORE JUDGE
O’NEILL
(ECF No. 44)

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Plaintiff is proceeding pro se and in forma pauperis under 42 U.S.C. § 1983 on claims for
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unlawful arrest (claims 4-5) and excessive force claims (claims 2 and 6) against defendants
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Matthew and Sturgeon. (ECF No. 25). A scheduling conference is set for August 8, 2017 before
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the undersigned Magistrate Judge, Erica P. Grosjean. (ECF No. 32).
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Plaintiff has filed the instant motion requesting that a new scheduling conference be set
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before Chief U.S. District Judge Lawrence J. O'Neill. (ECF No. 44). Plaintiff reasons that he has
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declined Magistrate Judge jurisdiction, and therefore, the scheduling conference should be reset
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before Judge O’Neill.

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Where the parties have elected not to consent to the jurisdiction of a Magistrate Judge, a
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District Judge will remain as the presiding judge on the case and a Magistrate Judge will remain
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on the case as the referral judge. Local Rule 302 outlines the division of labor between District

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Judges and Magistrate Judges in this District. See CAED-LR 302(a). That Rule provides that a

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Magistrate Judge shall perform all duties permitted by statute or other law. Id. Title 28, United

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States Code, Section 636 provides that a District Judge may designate a Magistrate Judge to “hear

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and determine any pretrial matter pending before the court, except [certain enumerated motions].”

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28 U.S.C. § 636(b)(1)(A). In a civil case such as this one, Local Rule 302(c) lists all of the duties

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to be performed by a Magistrate Judge. See CAED-LR 302(c). Thus, the Magistrate Judge, as

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referral judge, is designated to handle pretrial duties as described in Local Rule 302(c), while the

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District Judge, as presiding judge, will have final say on all dispositive motions and will preside

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over any trial. See 28 U.S.C. § 636(b)(1)(B)-(C); Fed. R. Civ. P. 72(b); CAED-LR 304.
Here, the scheduling conference will not be set before Judge O’Neill, as requested,

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because that duty has been designated to be performed by a Magistrate Judge. See CAED-LR

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302(c)(13) (listing “all pretrial scheduling conferences” as one of the duties designated to

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Magistrate Judges in Fresno).

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Plaintiff also requests that the scheduling conference be continued for health reasons.

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(ECF No. 44). The Court GRANTS this request, but WARNS Plaintiff that additional

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continuances are unlikely to be granted.

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The Initial Scheduling Conference set for August 8, 2017 is therefore CONTINUED to

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August 22, 2017 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean.

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The Court reincorporates by reference the requirements of its prior order setting the initial

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scheduling conference dated May 5, 2017. (ECF No. 32).

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Attendance at the Scheduling Conference is mandatory for all parties. Parties may appear

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by their counsel, if represented. If a party is not represented by counsel, they must appear

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personally at the Scheduling Conference. Telephonic appearances are not available for pro se

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parties, i.e., those not represented by counsel. Trial counsel should participate in the Scheduling

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Conference whenever possible. Additionally, although not required, local counsel are encouraged

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to personally appear at the scheduling conference.

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If one or more parties are represented by counsel and wish to appear telephonically,

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counsel shall contact Michelle Rooney, Courtroom Deputy Clerk, at (559) 499−5962 sufficiently

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in advance of the conference so that a notation can be placed on the Court's calendar.

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Additionally, counsel are directed to indicate on the face page of their Joint Scheduling Report

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that the conference will be telephonic. If the parties are appearing telephonically, each party shall

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dial 1−(888) 251−2909 and enter access code 1024453.

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IT IS SO ORDERED.
Dated:

August 1, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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