Caputo v. Kern County Sheriff's Office

Filing 143

****DISREGARD****ORDER RESETTING Initial Scheduling Conference given Plaintiff's failure to appear at Court scheduled conference; ORDER REQUIRING Plaintiff to comply with Court's Order requiring scheduling conference statement and initial d isclosures; ORDER REQUIRING Defendants to supplement initial disclosures; ORDER DIRECTING Clerk to send Plaintiff a copy of ECF NO. 22 and a Copy of this Order to Sender Assistant Attorney General Monica Anderson, the Warden of Pelican Bay State Pris on and the Litigation Coordinator for Pelican Bay State Prison, signed by Magistrate Judge Erica P. Grosjean on 12/11/18. (Case Management Deadline: 1/4/2019, Initial Scheduling Conference set for 1/15/2019 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TONY R. LEWIS,

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Case No. 1:15-cv-01008-LJO-EPG (PC)

Plaintiff,

ORDER RESETTING INITIAL
SCHEDULING CONFERENCE GIVEN
PLAINTIFF’S FAILURE TO APPEAR AT
COURT SCHEDULED CONFERENCE

v.

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O. DELGADO, et al.,

ORDER REQUIRING PLAINTIFF TO
COMPLY WITH COURT’S ORDER
REQUIRING SCHEDULING
CONFERENCE STATEMENT AND
INITIAL DISCLOSURES

Defendants.

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ORDER REQUIRING DEFENDANTS TO
SUPPLEMENT INITIAL DISCLOSURES

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ORDER DIRECTING CLERK TO SEND
PLAINTIFF A COPY OF ECF NO. 22, AND
A COPY OF THIS ORDER TO SENIOR
ASSISTANT ATTORNEY GENERAL
MONICA ANDERSON, THE WARDEN OF
PELICAN BAY STATE PRISON, AND THE
LITIGATION COORDINATOR FOR
PELICAN BAY STATE PRISON

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Plaintiff, Tony R. Lewis, is a state prisoner proceeding pro se and in forma pauperis in
this this civil rights action filed pursuant to 42 U.S.C. § 1983. He is currently confined at the
Pelican Bay State Prison in Crescent City, California.
As described below, Plaintiff failed to appear at a telephonic initial scheduling

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conference despite notice to Plaintiff and the institution.
Given that Plaintiff had recently moved institutions, and that defense counsel notified

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the institution of this conference shortly before the conference, the Court will not consider

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sanctions for Plaintiff’s failure to appear at this time. However, the Court reminds all

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concerned of Plaintiff’s right to access the courts and the importance of making Plaintiff

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available for court appearances.

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Accordingly, the Court will reset the initial scheduling conference for to January 15,

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2019, at 9:30 AM, in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To

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appear telephonically, each party is to use the following dial-in number and passcode: Dial-in

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number 1-888-251-2909; Passcode 1024453.
Additionally, the Court requires certain filings by the parties in advance of the
conference, as set forth below.

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I.

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On August 29, 2018, the Court entered an order setting an initial scheduling conference

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Background

in this case for December 10, 2018, at 3:00 p.m. (ECF No. 22.) The order stated:

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An Initial Scheduling Conference will be held on December 10,
2018, at 3:00 PM. Parties have leave to appear by phone. To
join the conference, each party is directed to call the toll-free
number (888) 251−2909 and use Access Code 1024453.

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....

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Plaintiff shall make arrangements with staff at his or her
institution of confinement for his or her attendance at the
mandatory telephonic Initial Scheduling Conference. Plaintiff’s
institution of confinement shall make Plaintiff available for the
conference at the date and time indicated above. To the extent
possible, defense counsel shall confirm with Plaintiff’s institution
of confinement that arrangements have been made for Plaintiff’s
attendance prior to the conference.

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(Id. at 3 (emphasis in original).)

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The Court attempted to hold the conference on the date and time ordered. The

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undersigned Judge and her court staff were present. Defense counsel, Mina Choi, appeared on

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behalf of Defendants. However, Plaintiff failed to appear. After waiting approximately ten

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minutes, the Court had to continue the conference due to Plaintiff’s failure to appear.

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Ms. Choi informed the Court that prior to the Conference, she contacted Plaintiff’s

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institution of confinement, Pelican Bay, regarding Plaintiff’s attendance at the Conference. She

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indicated that Plaintiff’s institution had agreed to make Plaintiff available for the court

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conference. She did not know why Plaintiff failed to appear at the conference.

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In addition, both Plaintiff and Defendants have failed to fully comply with the Court’s

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order setting an initial scheduling conference, in which the Court also required the parties to

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make initial disclosures that include certain information and file scheduling conference

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statements. (ECF No. 22.)
Specifically, Plaintiff failed to file any scheduling conference statement, which was

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required at least two weeks in advance of the December 10, 2018, date set for the initial

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scheduling conference. (ECF No. 22 at 4.) In addition, Defendants claim that although Plaintiff

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served Defendants with a document titled “Plaintiff[‘]s First Request for Production of

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Documents and Initial Disclosure,” this document does not provide a list of potential witnesses,

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individuals with discoverable information, or a list of documentary evidence regarding the

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event(s) at issue in the Complaint, all of which Plaintiff is required to disclose under the

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Court’s order. (ECF No. 22; ECF No. 23 at 3.)

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As to Defendants, although Defendants filed an initial scheduling conference statement,

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Defendants failed to include a response indicating “[w]hether documents were generated in

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connection with any investigation related to the event(s) at issue in the Complaint or the

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processing of Plaintiff's grievance(s), and if there were, whether those documents are subject to

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any claims of privilege.” (ECF No. 22 at 4 (footnote omitted); see ECF No. 23.)

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II.

Order

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Accordingly,

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1. The telephonic Initial Scheduling Conference is continued to January 15, 2019, at

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9:30 AM, in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To

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appear telephonically, each party is to use the following dial-in number and

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passcode: Dial-in number 1-888-251-2909; Passcode 1024453.
2. Plaintiff shall make arrangements with staff at his institution of confinement for his
attendance at the conference.

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3. Plaintiff's institution of confinement is hereby ordered to make Plaintiff available
for the conference at the date and time indicated above.

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4. Prior to the conference, defense counsel shall confirm with Plaintiff's institution of
confinement that arrangements have been made for Plaintiff's attendance.

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5. Plaintiff is directed to file a scheduling conference statement and provide complete
initial disclosures as required by the Court’s order setting initial scheduling

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conference (ECF No. 22), no later than January 4, 2019.

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6. The Clerk of the Court shall serve Plaintiff with a copy of the Court’s order, ECF
No. 22, on Plaintiff at his current address.

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7. Defendants are directed to file a supplement to their scheduling conference

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statement, no later than January 4, 2018, to provide a response indicating

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“[w]hether documents were generated in connection with any investigation related

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to the event(s) at issue in the Complaint or the processing of Plaintiff's grievance(s),

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and if there were, whether those documents are subject to any claims of privilege.”

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(ECF No. 22 at 4.)

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8. The Clerk of Court is respectfully directed to serve a copy of this order on:

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a. Supervising Deputy Attorney General Monica Anderson;

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b. The Warden of Pelican Bay State Prison; and

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c. The Litigation Coordinator for Pelican Bay State Prison.

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IT IS SO ORDERED.
Dated:

December 11, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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