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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PHILLIP SANDERS, 12 13 Plaintiff, v. 14 15 16 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) 17 18 Plaintiff is proceeding pro se and in forma pauperis under 42 U.S.C. § 1983 on claims for 19 unlawful arrest (claims 4-5) and excessive force claims (claims 2 and 6) against defendants 20 Matthew and Sturgeon. (ECF No. 25). A scheduling conference is set for August 8, 2017 before 21 the undersigned Magistrate Judge, Erica P. Grosjean. (ECF No. 32). 22 Plaintiff has filed the instant motion requesting that a new scheduling conference be set 23 before Chief U.S. District Judge Lawrence J. O'Neill. (ECF No. 44). Plaintiff reasons that he has 24 declined Magistrate Judge jurisdiction, and therefore, the scheduling conference should be reset 25 before Judge O’Neill. 26 Where the parties have elected not to consent to the jurisdiction of a Magistrate Judge, a 27 District Judge will remain as the presiding judge on the case and a Magistrate Judge will remain 28 1 1 on the case as the referral judge. Local Rule 302 outlines the division of labor between District 2 Judges and Magistrate Judges in this District. See CAED-LR 302(a). That Rule provides that a 3 Magistrate Judge shall perform all duties permitted by statute or other law. Id. Title 28, United 4 States Code, Section 636 provides that a District Judge may designate a Magistrate Judge to “hear 5 and determine any pretrial matter pending before the court, except [certain enumerated motions].” 6 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 7 to be performed by a Magistrate Judge. See CAED-LR 302(c). Thus, the Magistrate Judge, as 8 referral judge, is designated to handle pretrial duties as described in Local Rule 302(c), while the 9 District Judge, as presiding judge, will have final say on all dispositive motions and will preside 10 11 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, 12 because that duty has been designated to be performed by a Magistrate Judge. See CAED-LR 13 302(c)(13) (listing “all pretrial scheduling conferences” as one of the duties designated to 14 Magistrate Judges in Fresno). 15 Plaintiff also requests that the scheduling conference be continued for health reasons. 16 (ECF No. 44). The Court GRANTS this request, but WARNS Plaintiff that additional 17 continuances are unlikely to be granted. 18 The Initial Scheduling Conference set for August 8, 2017 is therefore CONTINUED to 19 August 22, 2017 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. 20 The Court reincorporates by reference the requirements of its prior order setting the initial 21 scheduling conference dated May 5, 2017. (ECF No. 32). 22 Attendance at the Scheduling Conference is mandatory for all parties. Parties may appear 23 by their counsel, if represented. If a party is not represented by counsel, they must appear 24 personally at the Scheduling Conference. Telephonic appearances are not available for pro se 25 parties, i.e., those not represented by counsel. Trial counsel should participate in the Scheduling 26 Conference whenever possible. Additionally, although not required, local counsel are encouraged 27 to personally appear at the scheduling conference. 28 2 1 If one or more parties are represented by counsel and wish to appear telephonically, 2 counsel shall contact Michelle Rooney, Courtroom Deputy Clerk, at (559) 499−5962 sufficiently 3 in advance of the conference so that a notation can be placed on the Court's calendar. 4 Additionally, counsel are directed to indicate on the face page of their Joint Scheduling Report 5 that the conference will be telephonic. If the parties are appearing telephonically, each party shall 6 dial 1−(888) 251−2909 and enter access code 1024453. 7 8 9 IT IS SO ORDERED. Dated: August 1, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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