Laneley v. Garcia et al

Filing 74

ORDER GRANTING IN PART AND DENYING IN PART Plaintiff's Motion for Miscellaneous Relief, EXTENDING Deadline to Respond to 72 Order to Show Cause, and CONTINUING Telephonic Trial Confirmation Hearing, signed by Magistrate Judge Jennifer L. Thurston on 6/7/2021. Show Cause Response due within 21 days. 6/14/2021 Trial Confirmation Hearing is CONTINUED to 7/14/2021 at 09:00 AM in Courtroom 6 (JLT) before Magistrate Judge Jennifer L. Thurston. (Rivera, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RANDY LANGLEY,

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Plaintiff,
v.
E. GARCIA, G. COOK,
Defendants.

ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFF’S
MOTION FOR MISCELLANEOUS
RELIEF, EXTENDING DEADLINE TO
RESPOND TO ORDER TO SHOW CAUSE,
AND CONTINUING TELEPHONIC TRIAL
CONFIRMATION HEARING
(Docs. 67, 72, 73)

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Case No. 1:16-cv-01299-JLT (PC)

Plaintiff has filed a motion requesting a telephonic conference with Defendants and the

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Court. (Doc. 73.) It is unclear what the purpose would be for the conference. Thus, the Court will

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deny Plaintiff’s motion for a telephonic conference without prejudice. The Court will direct

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defense counsel to contact Plaintiff at his place of incarceration to discuss the matter.

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In addition, on May 18, 2021, the Court ordered Plaintiff to show cause in writing why

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this action should not be dismissed for his failure to comply with the Court’s Second Scheduling

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Order. (Doc. 72.) In his motion requesting a telephonic conference, dated May 16, 2021, Plaintiff

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also provides notice of change of address and requests a copy of the Second Scheduling Order.

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(Doc. 73.) Since it is unclear whether Plaintiff received the order to show cause at his current

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place of incarceration, the Court will direct the Clerk’s Office to re-serve the order and will

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extend the deadline for Plaintiff to respond. The Court will also grant Plaintiff’s request for a

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copy of the Second Scheduling Order.

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Lastly, to allow time for the parties to comply with this order, the Court will continue the

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telephonic trial confirmation hearing currently set for June 14, 2021, to July 14, 2021.

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Accordingly, the Court ORDERS:
1. Plaintiff’s motion for a telephonic conference is DENIED without prejudice.

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Plaintiff’s motion for a copy of the Court’s Second Scheduling Order is

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GRANTED.

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2. Within 21 days of the date of service of this order, defense counsel shall contact

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Plaintiff to discuss the purpose of his requested telephonic conference, including

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whether settlement is possible.
3. The deadline for Plaintiff to respond to the Court’s May 18, 2021 order to show

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cause (Doc. 72) is extended. Plaintiff shall respond to the order to show cause

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within 21 days of the date of service of this order.
4. The Clerk’s Office is directed to serve copies of the Second Scheduling Order

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(Doc. 67) and order to show cause (Doc. 72) on Plaintiff.

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5. The telephonic trial confirmation hearing set for June 14, 2021, is CONTINUED

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to July 14, 2021, at 9:00 a.m. Defense counsel shall arrange for Plaintiff’s

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participation. The Court will issue a writ of habeas corpus ad testificandum as

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appropriate.

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IT IS SO ORDERED.
Dated:

June 7, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

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