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 (888) 204-5984;
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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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