Laneley v. Garcia et al

Filing 76

ORDER Discharging Order to Show Cause; ORDER Continuing Telephonic Trial Confirmation Hearing and Trial signed by Magistrate Judge Jennifer L. Thurston on 06/25/2021. Telephonic Trial Confirmation Hearing set for 8/30/2021 at 09:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 11/15/2021 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston.(Flores, E)

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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.

Case No. 1:16-cv-01299-JLT (PC)
ORDER DISCHARGING ORDER TO
SHOW CAUSE; ORDER CONTINUING
TELEPHONIC TRIAL CONFIRMATION
HEARING AND TRIAL

E. GARCIA, G. COOK,
Defendants.

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On October 13, 2020, the Court issued a Second Scheduling Order, which directed

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Plaintiff and Defendants to file pretrial statements by April 26 and May 17, 2021, respectively,

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pursuant to Local Rule 281. (Doc. 67.) The order also directed Plaintiff to file a motion for the

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attendance of incarcerated witnesses, and to notify the Court of the attendance of unincarcerated

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witnesses whom he intends to subpoena, by April 26, 2021. (Id. at 5.) The Court warned that

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“[f]ailure to comply with the . . . order or the Local Rules may result in the imposition of

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sanctions up to and including dismissal of this action.” (Id. at 1.) Although the April 26 deadline

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has passed, Plaintiff has failed to file a pretrial statement, to request or notify the Court of

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witnesses, or to otherwise respond to the scheduling order.

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On May 18, 2021, the Court ordered the plaintiff to show cause why the action should not

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be dismissed due to the plaintiff’s failure to comply with the Court’s orders and to prosecute this

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action. (Doc. 72) On June 24, 2021, Mr. Langley responded and indicated that he had sent a

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pretrial statement to the Court in April. (Doc. 75) He claims his spouse contacted the Court via

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email and telephone regarding this fact. Notably, the Court has received no such contact, but

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even these contacts had been made, the Court does not accept communications from one party

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without the other side being involved in the communication. He also attaches a grievance he filed

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at a detention facility about the mail service, however, the copy is so poor, the Court cannot read

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most of the contents. (Doc. 75 at 5) In any event, Mr. Langley has failed to supply another copy

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of his pretrial statement. Therefore, the Court ORDERS:

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1.

Mr. Langley SHALL file his pretrial conference statement within 21 days;

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2.

The telephonic trial confirmation hearing is CONTINUED to August 30, 2021 at

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9:00 a.m.;

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3.

The trial is CONTINUED to November 15, 2021 at 8:30 a.m.

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IT IS SO ORDERED.

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Dated:
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June 25, 2021

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

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