Mario Molina v. Holland et al

Filing 45

ORDER Setting Conference Regarding Setting of an Evidentiary Hearing 37 , signed by Magistrate Judge Erica P. Grosjean on 5/22/17: Conference set for 5/31/2017 at 11:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean; Plaintiff must appear telephonically. Defendants counsel may either appear in person or telephonically. To appear telephonically, the parties are directed to use the following dial-in number and passcode: 1-888-251-2909; passcode 1024453. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIO MOLINA,

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CASE NO. 1:15-cv-01260-EPG (PC)

Plaintiff,

ORDER SETTING CONFERENCE
REGARDING SETTING OF AN
EVIDENTIARY HEARING
(ECF NO. 37)

v.
K. HOLLAND, et al.,
Defendants.

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On April 27, 2017, Defendants filed a motion for summary judgment under Federal Rule

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of Civil Procedure 56, arguing that Plaintiff failed to exhaust his administrative remedies prior to

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filing this case. (ECF No. 37). On May 15, 2017, Plaintiff filed his opposition to the motion.

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(ECF No. 41). On May 22, 2017, Defendants filed their reply and objections to Plaintiff’s

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evidence. (ECF Nos. 43 & 44). After reviewing the evidence, the Court has determined that

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there is a dispute of material fact and that an Albino evidentiary hearing is necessary. See Albino

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v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). Accordingly, the Court will set a conference

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regarding the setting of an evidentiary hearing. The parties should also be prepared to discuss the

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procedures and scope of the evidentiary hearing.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. A conference regarding the setting of an evidentiary hearing is set before Magistrate

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Judge Erica P. Grosjean on May 31, 2017, at 11:00 a.m. at the Robert E. Coyle

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Federal Courthouse, 2500 Tulare Street, Fresno, CA 93721 in Courtroom #10;

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2. Counsel for Defendants is required to arrange for the participation of Plaintiff in the
conference; and

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3. Plaintiff must appear telephonically. Defendants’ counsel may either appear in person

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or telephonically.

To appear telephonically, the parties are directed to use the

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following dial-in number and passcode: 1-888-251-2909; passcode 1024453.

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IT IS SO ORDERED.
Dated:

May 22, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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