Underwood v. Cox et al

Filing 49

ORDER Setting Conference Regarding Setting of an Evidentiary Hearing signed by Magistrate Judge Erica P. Grosjean on 02/21/2018. Conference set for 3/5/2018 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDRE UNDERWOOD,

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Plaintiff,
v.
R. COX and C. STANLEY,

Case No. 1:16-cv-00597-AWI-EPG (PC)
ORDER SETTING CONFERENCE
REGARDING SETTING OF AN
EVIDENTIARY HEARING
(ECF NO. 43)

Defendants.

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On January 19, 2018, Defendant Cox filed a motion for summary judgment on the

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grounds that Plaintiff failed to exhaust his available administrative remedies. (ECF No. 43). On

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February 12, 2018, Plaintiff filed his opposition to the motion for summary judgment. (ECF No.

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46). On February 20, 2018, Defendant Cox filed his reply. (ECF No. 48).

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After reviewing the evidence and applicable law, the Court has determined that there is a

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dispute of fact regarding whether Plaintiff timely filed his grievance, and that an Albino

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evidentiary hearing is necessary. See Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014).

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Accordingly, the Court will set a conference regarding the setting of an evidentiary hearing. The

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parties should be prepared to discuss the 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 March 5, 2018, at 10:00 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. 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; and

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3. Plaintiff’s institution of confinement shall make Plaintiff available for the conference

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at the date and time indicated above. To the extent possible, prior to the conference

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defense counsel shall confirm with Plaintiff’s institution of confinement that

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arrangements have been made for Plaintiff’s attendance.

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IT IS SO ORDERED.
Dated:

February 21, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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