Gaines v. CA Dept. of Corrections, et al.

Filing 113

ORDER DIRECTING Plaintiff to File an Opposition or Non-Opposition to Defendants' Motion to Continue the Evidentiary Hearing on or Before November 6, 2020 at 5:00 p.m. signed by Magistrate Judge Stanley A. Boone on 11/4/2020. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THURMAN GAINES,

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Plaintiff,
v.
CALIFORNIA DEPT. OF CORRECTIONS
et al.,
Defendants.

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Case No.: 1:15-cv-00587-NONE-SAB (PC)
ORDER DIRECTING PLAINTIFF TO FILE AN
OPPOSITION OR NON-OPPOSITION TO
DEFENDANTS’ MOTION TO CONTINUE THE
EVIDENTIARY HEARING ON OR BEFORE
NOVEMBER 6, 2020, AT 5:00 P.M.
(ECF No. 111)

Plaintiff Thurman Gaines is proceeding in forma pauperis in this civil rights action pursuant to
42 U.S.C. § 1983.
This case is currently set for an evidentiary hearing on November 13, 2020, at 10:00 a.m.
before the undersigned.
On November 4, 2020, Defendant filed a motion to continue the evidentiary hearing for at least

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thirty days in order to ensure the attendance of the six current and former employees of CDCR

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requested by Plaintiff. Defendants submit that on the evening of October 28, 2020, Plaintiff sent

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subpoenas for those six witnesses to Defendant counsel and requested to know whether Defendant

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would accept service of the subpoenas. (ECF No. 111 at 2.) However, Defendant submits that not all

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of the witnesses are represented by the Office of the Attorney General and service could not be

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immediately accepted. (Id.) Therefore, Defendant requests the evidentiary hearing be continued for at
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least thirty days to allow for waiver of service or personal service on Plaintiff’s witnesses. Defendant

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also points out that a continuance may be necessary if Plaintiff’s prison unit is again placed on

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quarantine.
Because the evidentiary hearing date is imminent, it is HEREBY ORDERED that Plaintiff

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shall file an opposition or statement of non-opposition to Defendant’s motion for a continuance of the

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evidentiary hearing on or before November 6, 2020, at 5:00 p.m.

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IT IS SO ORDERED.

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Dated:

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November 4, 2020
UNITED STATES MAGISTRATE JUDGE

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