Bullard v. St. Andra et al

Filing 75

ORDER Scheduling a Telephonic Hearing on Plaintiff's Motion to Compel Discovery re 71 ; ORDER DENYING Plaintiff's Motion to Have all Future Proceedings Conducted Telephonically re 74 , signed by Magistrate Judge Jeremy D. Peterson on 9/24/19. Motion Hearing set for 10/1/2019 at 02:00 PM in Yosemite (JDP) before Magistrate Judge Jeremy D. Peterson. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EFREN DANIELLE BULLARD,

Case No. 1:17-cv-00328-LJO-JDP

Plaintiff,

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v.

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ORDER SCHEDULING A TELEPHONIC
HEARING ON PLAINTIFF’S MOTION TO
COMPEL DISCOVERY

BENSON, et al.

ECF No. 71

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ORDER DENYING PLAINTIFF’S MOTION
TO HAVE ALL FUTURE PROCEEDINGS
CONDUCTED TELEPHONICALLY

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ECF No. 74

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Defendants.

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Plaintiff Efren Bullard is a state prisoner proceeding without counsel in this civil rights

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action brought under 42 U.S.C. § 1983. On May 9, 2019, Bullard filed a motion to compel

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discovery responses from defendant Kister-Cooper. See ECF No. 71. On May 20, defendant

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Kister-Cooper opposed Bullard’s motion, arguing—among other things—that the motion is

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moot because Bullard did, in fact, receive the responses at issue. See ECF No. 72 at 2

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(“Plaintiff’s motion is moot and appears to have been filed in anticipation of not receiving a

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response.”). Bullard has not replied to this opposition.

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I hereby set this matter for a Telephonic Discovery Conference for October 1, 2019, at

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2:00 pm Pacific Time in the Yosemite Valley District Courthouse. To appear telephonically,

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each party is to use the following dial-in number and passcode: dial-in number [phone];

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passcode 4446176. Plaintiff shall arrange with the staff at his institution of confinement for his

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attendance at the conference. Plaintiff’s institution of confinement shall make him available

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for the conference at the date and time indicated above. Prior to the conference, defense

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counsel shall confirm with plaintiff’s institution of confinement that arrangements have been

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made for plaintiff’s attendance.

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The parties are encouraged to confer on this matter prior to the hearing. If the parties

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agree that the issue is moot, they should inform me by a joint statement at least 48 hours before

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the hearing.
Plaintiff has also moved to have all future proceedings conducted by telephone. See ECF

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No. 74. While I will certainly take plaintiff’s incarcerated status into account when arranging

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future hearings, and while I expect that most (if not all) hearings can indeed be conducted

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telephonically, I will decide this issue on a case-by-case basis. Plaintiff’s motion is thus

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denied.
The clerk is directed to send a copy of this order to the litigation coordinator at Centinela

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15 State Prison.
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IT IS SO ORDERED.

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Dated:

September 24, 2019

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UNITED STATES MAGISTRATE JUDGE

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No. 205

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