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

Filing 96

ORDER SETTING EVIDENTIARY HEARING TO DETERMINE DISPUTED ISSUES OF FACT REGARDING EXHAUSTION OF THE ADMINISTRATIVE REMEDIES; ORDERED that a separate order and writ of habeas corpus ad testificandum for Plaintiffs attendance at the hearing will be issued in due course,signed by Magistrate Judge Stanley A. Boone on 9/15/2020. ( Evidentiary Hearing VIA ZOOM set for 11/13/2020 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone) (Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 THURMAN GAINES, 12 13 14 15 Plaintiff, v. CALIFORNIA DEPT. OF CORRECTIONS et al., Defendants. 16 17 18 19 20 ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:15-cv-00587-NONE-SAB (PC) ORDER SETTING EVIDENTIARY HEARING TO DETERMINE DISPUTED ISSUES OF FACT REGARDING EXHAUSTION OF THE ADMINISTRATIVE REMEDIES (ECF No. 94) Plaintiff Thurman Gaines is proceeding in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff is represented by Robert Flynn. On January 15, 2020, Defendants’ exhaustion related motion for summary judgment was 21 denied, without prejudice. (ECF No. 94.) The Court found that material disputes of fact exist 22 whether Plaintiff filed an administrative appeal grieving Defendant’s denial of a lower tier and lower bunk 23 chrono. (Id.) 24 In order to resolve the disputes of fact, the Court sets an Albino evidentiary hearing before the 25 undersigned on Friday, November 13, 2020, at 10:00 a.m. in Courtroom 9. In light of the 26 coronavirus (COVID-19) outbreak and the evolving coronavirus protocols, the Court finds that the 27 parties shall appear remotely via Zoom. The parties shall meet and confer to determine whether they 28 can present their witnesses and evidence during the evidentiary hearing via the Zoom application. 1 Counsel for the parties shall contact Courtroom Deputy, Mamie Hernandez, at (559) 499-5672 1 2 or for the video and dial-in information for all parties. Counsel are 3 also required to arrange for Plaintiff’s participation by contacting the Litigation Coordinator at the 4 institution where Plaintiff is housed and providing the necessary Zoom contact information. 5 Any unincarcerated witnesses may appear voluntarily without further order of the Court. To the 6 extent that the parties seek to have incarcerated witnesses appear for the evidentiary hearing, all motions 7 for the attendance of incarcerated witnesses must be filed on or before September 30, 2020. The 8 witnesses must have relevant evidence regarding the issues described above. The motion should be 9 entitled “Motion for Attendance of Witnesses.” The motion must: (1) state the name, address, and prison 10 identification number (if any) of each witness to be called; (2) explain what relevant information each 11 witness has, and how that witness has personal knowledge of the relevant information; and (3) state 12 whether each such witness is willing to voluntarily testify. Any opposition to a motion for the attendance 13 of incarcerated witnesses must be filed on or before October 7, 2020. No later than October 20, 2020, the parties shall confer regarding the witnesses to be called 14 15 and the evidence to be presented at the hearing. No later than November 3, 2020, each party shall file 16 and serve a witness list. The parties shall be prepared to submit any relevant documents available to 17 share on screen (via the Screen Share feature on Zoom) with the Court and other parties during the 18 settlement conference. Plaintiff’s exhibits shall be pre-marked using numbers beginning with 1 (e.g., 19 1, 2, etc.). Defendant’s exhibits must be pre-marked using letters beginning with A (e.g., A, B, C … 20 AA, BB, CC … AAA, BBB, CCC, etc.). A separate order and writ of habeas corpus ad testificandum for Plaintiff’s attendance at the 21 22 hearing will be issued in due course. 23 24 IT IS SO ORDERED. 25 Dated: 26 September 15, 2020 UNITED STATES MAGISTRATE JUDGE 27 28 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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