Allen v. Kramer et al

Filing 92

ORDER setting Telephonic Status Conference for 5/14/2020 at 02:00 PM signed by Magistrate Judge Jeremy D. Peterson on 4/9/2020. (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID ALLEN,

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Case No. 1:15-cv-01609-DAD-JDP
Plaintiff,

ORDER SETTING TELEPHONIC STATUS
CONFERENCE

v.

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STEPHEN MAYBERG, et al.,

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Defendants.

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Plaintiff David Allen, a civil detainee, proceeds without counsel in this civil rights action

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brought under 42 U.S.C. § 1983. The court will hold a telephonic status conference on May 14,

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2020 at 2:00 p.m. The parties should prepare to discuss the following issues at the status

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conference: (1) whether the parties have any interest in settlement; (2) whether any limited

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discovery might be needed for trial; (3) whether the case would benefit from another round of

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briefing dispositive motions; and (4) any other measure that would secure speedy and efficient

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resolution of this case. Although plaintiff seeks injunctive relief for his personal safety in

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addition to monetary compensation, we are cognizant that the state government could take formal

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or informal measures against Valley Fever. If there is no interest in settlement, the parties should

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prepare to discuss how this case will move forward. Because some of the claims were

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inadvertently dismissed and plaintiff was mistakenly characterized as a prisoner, ECF No. 71 at

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6-7, we will likely allow additional discovery and another round of dispositive motions on the
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merits. The parties may persuade us otherwise. Assuming some limited discovery is appropriate,

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the parties should be prepared to provide a reasonable timeline for completing discovery and

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filing dispositive motions.

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Order

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1. The court will hold a telephonic status conference on May 14, 2020, at 2:00 p.m. (dial-

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in number: 1-888-204-5984; passcode: 4446176) to discuss matters identified above.

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2. Plaintiff must make arrangements with staff at his institution of confinement for his

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attendance at the conference.

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a. Plaintiff's institution of confinement must make plaintiff available for the

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telephonic conference.

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b. Before the conference, defense counsel must confirm with plaintiff's

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institution of confinement that arrangements have been made for plaintiff's

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attendance.

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c. The clerk is directed to send a copy of this order to the litigation

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coordinator at plaintiff's institution of confinement.

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IT IS SO ORDERED.

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Dated:
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April 9, 2020
UNITED STATES MAGISTRATE JUDGE

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No. 204.

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