Villareal v. County of Fresno

Filing 48

ORDER Granting Defendant's 44 Motion for Extension of Time for Albino Hearing; ORDER Vacating Writs 41 , 42 & 43 ; ORDER Directing Clerk to Send Plaintiff a Copy of this Order, signed by Magistrate Judge Erica P. Grosjean on 8/21/17. Evidentiary Hearing Continued to 11/14/2017 at 10:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Gonzalez, R)

1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
12

ELAINE K. VILLAREAL,

13
14

v.

Case No. 1:15-cv-01410-EPG (PC)
Plaintiff, ORDER GRANTING DEFENDANT’S
REQUEST FOR EXTENSION OF TIME
FOR ALBINO HEARING
(ECF NO. 44)

15
COUNTY OF FRESNO,

ORDER VACATING WRITS
(ECF NOS. 41, 42, & 43)

16
Defendant.
17

ORDER DIRECTING CLERK TO SEND
PLAINTIFF A COPY OF THIS ORDER

18
19
20

An Albino evidentiary hearing is currently set for September 12, 2017, at 10:00 a.m. (ECF

21

No. 36). On August 10, 2017, Defendant filed a request to continue the evidentiary hearing.

22

(ECF No. 44). According to the declaration of Scott Hawkins (Defendant’s attorney), which was

23

filed along with the request for extension, Defendant needs additional time because its attorney

24

has other cases that he needs to work on.

25

Plaintiff objected to the extension. (ECF No. 46). Plaintiff asks that the Court deny

26

Defendant’s request because the case has already been going on for two years, because

27

Defendant’s counsel already agreed to the September 12, 2017, date, and because there is no valid

28

reason why the hearing should be continued. Additionally, Plaintiff states that if the hearing is
1

1
2

continued some of her witnesses will be released from Fresno County Jail, and she will have no
way of contacting them to let them know of the date of the hearing.

3
4
5
6

While the Court appreciates the demands on Counsel’s time, it also cautions that
continuances based on demands of other cases are disfavored because Counsel is presumed to
have sufficient resources to address the cases where he serves as counsel. Additionally, the
continuance is disfavored because this case is on hold until the issue of exhaustion is resolved.

7
8
9

Nevertheless, the Court will overrule Plaintiff’s objection and continue the evidentiary
hearing, noting that it will not continue the evidentiary hearing again absent extraordinary
circumstances.

10
11

Because the Court is continuing the evidentiary hearing, it will vacate the writs of habeas
corpus ad testificandum that have been issued (ECF Nos. 41, 42, & 43).

12
13
14
15
16

Additionally, in order to avoid prejudice to Plaintiff, the Court will order that Defendant
provide Plaintiff’s counsel with the addresses of all of Plaintiff’s prospective witnesses that have
been released from Fresno County Jail, or that will be released prior to the Albino hearing. This
will allow Plaintiff, through counsel, to contact those witnesses and arrange for their attendance if
she so chooses.

17

Accordingly, based on the foregoing, IT IS HEREBY ORDERED that:

18

1. The Albino evidentiary hearing is continued to November 14, 2017, at 10:30 a.m. All

19

other dates and deadlines remain the same;

20

2. Defendant shall provide Plaintiff’s counsel with the addresses of all of Plaintiff’s

21

prospective witnesses that have been released from Fresno County Jail, or that will

22

be released prior to the Albino evidentiary hearing;

23

3. The Clerk of Court is directed to send a copy of this order to Elaine Villareal;

24

4. The Order & Writ of Habeas Corpus Ad Testificandum to Transport Elaine K.

25
26
27

Villareal, Jail ID # 1439621, BK # 1515632 (ECF No. 41), is VACATED;
///
///

28
2

1

5. The Order & Writ of Habeas Corpus Ad Testificandum to Transport Rachael

2
3

Vasquez, Jail ID # 1213629, BK # 1616664 (ECF No. 42), is VACATED; and
6. The Order & Writ of Habeas Corpus Ad Testificandum to Transport Angie M.

4

Padilla, CDC # X-36920 (ECF No. 43), is VACATED.

5
6

IT IS SO ORDERED.

7
8

Dated:

August 21, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3