Villareal v. County of Fresno
Filing
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ORDER SETTING Conference Regarding Setting of an Evidentiary Hearing signed by Magistrate Judge Erica P. Grosjean on 6/15/2017. Conference set for 6/26/2017 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ELAINE K. VILLAREAL,
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Plaintiff,
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v.
COUNTY OF FRESNO,
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Case No. 1:15-cv-01410-EPG (PC)
ORDER SETTING CONFERENCE
REGARDING SETTING OF AN
EVIDENTIARY HEARING
(ECF NO. 12)
Defendant.
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On January 31, 2017, Defendant filed a motion to dismiss on the ground that Plaintiff
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failed to properly exhaust her administrative remedies.
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opposition (ECF No. 19) and Defendant filed a reply (ECF No. 20). The Court heard oral
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arguments on April 7, 2017, and took the matter under submission. (ECF No. 25). On April 11,
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2017, the Court converted the motion to dismiss into a motion for summary judgment and gave
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both parties the opportunity to file additional evidence, as well as a reply and objections to the
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opposing parties’ evidence. (ECF No. 26). On May 16, 2017, Defendant filed a reply and
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objections to Plaintiff’s additional evidence. (ECF No. 28).1 On June 7, 2017, Plaintiff filed
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supplemental additional evidence (“Supplemental Additional Evidence”). (ECF No. 30). On
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June 9, 2017, Defendant objected to Plaintiff’s Supplemental Additional Evidence and requested
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that it be stricken. (ECF No. 31).
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(ECF No. 12).
Plaintiff filed an
Plaintiff served a copy of her additional evidence on Defendant, but did not file a copy with the
Court. On June 13, 2017, Defendant filed a copy of Plaintiff’s additional evidence. (ECF No. 33).
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After reviewing the evidence, the Court has determined that there is a dispute of material
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fact and that an Albino evidentiary hearing is necessary. See Albino v. Baca, 747 F.3d 1162,
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1170 (9th Cir. 2014). Accordingly, the Court will set a conference regarding the setting of an
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evidentiary hearing. The parties should also be prepared to discuss the procedures and scope of
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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 June 26, 2017, at 9:30 a.m. at the Robert E. Coyle Federal
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Courthouse, 2500 Tulare Street, Fresno, CA 93721 in Courtroom #10;
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2. Counsel for Defendant is required to arrange for the participation of Plaintiff in the
conference;
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3. Plaintiff must appear telephonically. Defendant’s counsel may either appear in person
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or telephonically.
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following dial-in number and passcode: 1-888-251-2909; passcode 1024453; and
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To appear telephonically, the parties are directed to use the
4. The Clerk of Court is directed to serve a copy of this order on the Fresno County
Sheriff’s Office and the Fresno County Jail Supervisor/Inmate Coordinator.
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IT IS SO ORDERED.
Dated:
June 15, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
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