Allen v. Kramer et al

Filing 94

ORDER staying case; clarifying status of remaining claims; modifying Discovery and Scheduling Order and substituting Defendant, Stephanie Clendenin for Stephen Mayberg signed by Magistrate Judge Jeremy D. Peterson on 5/26/2020. (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,

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

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v.
STEPHEN MAYBERG, et al.,
Defendants.

ORDER STAYING CASE
ORDER CLARIFYING STATUS OF
REMAINING CLAIMS

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ORDER MODIFYING DISCOVERY AND
SCHEDULING ORDER

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ORDER SUBSTITUTING DEFENDANT

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On May 14, 2020, the court held a status conference in this case. Plaintiff, through

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counsel, indicated that he is willing to participate in settlement. Defendants, also through

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counsel, stated that they are evaluating the possibility of a settlement conference and will be in a

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position by the end of this month to indicate their interest in such a conference. Therefore, this

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case is stayed, and the stay will remain in place—unless defendants decline to participate in a

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settlement conference—until five days after a settlement conference has taken place. Failing

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settlement at this juncture, the court will reopen discovery and allow an additional round of

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briefing on dispositive motions. In such case, the parties will have 120 days for written

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discovery, an additional 90 days for depositions, and 90 days to file dispositive motions after the

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close of discovery.

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The parties have requested clarification on the status of plaintiff’s remaining claims. For

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all defendants who have appeared in this case and remain after summary judgment, only

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injunctive and declaratory relief remain. As indicated by the court, defendant Allenby was not

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subject to summary judgment because he was inadvertently dismissed prior to service by the

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previously-assigned Magistrate Judge. See ECF No. 71 at 18. Defendant Allenby is now

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deceased. Plaintiff’s claim for injunctive relief against defendant Allenby remains against the

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appropriate substitute public official. The court will allow plaintiff a period of time to consider

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whether he has basis to assert a claim for damages against defendant Allenby’s successor or

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representative in an individual capacity. If he believes that service is appropriate, plaintiff may

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file a motion seeking substitution of the party. Fed. R. Civ. P. 25(a)(1). Otherwise, the

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individual-capacity claim will be extinguished. Although no claims for damages have been

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dismissed with respect to defendant Allenby, the analysis in the court’s findings and

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recommendations provides guidance for how those claims would have been treated if he had been

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properly before the court.

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Finally, for those official capacity claims for declaratory and injunctive relief that remain

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against state defendants, defendants have requested that Stephanie Clendenin, the current Director

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of California Department of State Hospitals, be substituted as the appropriate public officer

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defendant. See Fed. R. Civ. P. 25(d). The docket will be amended to reflect this substitution.

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Accordingly, it is hereby ordered that:

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1. Defendants must notify the court as to whether they will participate in a settlement

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conference by June 1, 2020;
2. This case is stayed until five days after a settlement conference has taken place or until
defendants file a notice opting out of settlement;
3. After the stay is lifted:

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a. Within 30 days, plaintiff must notify the court whether he intends to pursue

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any individual-capacity claims against defendant Allenby’s successor or

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representative; if so, by the same date, plaintiff must file a motion for

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substitution;
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b. The parties will have 120 days for additional written discovery and an

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additional 90 days for depositions; and

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c. The parties will have 90 days to file dispositive motions after the close of

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discovery.

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4. The clerk of court is directed to dismiss defendant Stephen Mayberg, Ex-Executive

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Director of all Five Hospitals from the docket, and add the substitute defendant

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Stephanie Clendenin, Director of California Department of State Hospitals to the

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docket.

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IT IS SO ORDERED.

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Dated:
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May 26, 2020
UNITED STATES MAGISTRATE JUDGE

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No. 204.

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