Monson v. Unknown Floor Officers

Filing 67

ORDER Following Telephonic Discovery and Status Conference; ORDER Directing Clerk to Send Plaintiff a Blank Subpoena Form AO 88B and Form USM-285 signed by Magistrate Judge Erica P. Grosjean on 10/10/2019. Dispositive Motions filed by 1/17/2020, Telephonic Trial Confirmation Hearing set for 8/3/2020 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Jury Trial set for 11/3/2020 at 08:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. (Flores, E)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 TRENELL MONSON, 10 Plaintiff, 11 12 Case No. 1:17-cv-00395-EPG (PC) ORDER FOLLOWING TELEPHONIC DISCOVERY AND STATUS CONFERENCE v. R. MELKONIAN, 13 (ECF NO. 64) Defendant. ORDER DIRECTING CLERK TO SEND PLAINTIFF A BLANK SUBPOENA (FORM AO 88B) AND FORM USM-285 14 15 16 17 Trenell Monson (“Plaintiff”) is a prisoner1 proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On October 9, 2019, the Court held a discovery and status (“Conference”). Plaintiff 18 telephonically appeared on his own behalf. Counsel Leslie Dillahunty telephonically appeared 19 on behalf of Defendant. Counsel Scott Hawkins telephonically appeared on behalf of non-party 20 Fresno County Sheriff’s Department (“FCSD”). 21 For the reasons stated on the record at the Conference, IT IS ORDERED that: 1. Plaintiff’s motion for a third party subpoena directed at FCSD for the staff 22 23 response to grievance #2016110207 (ECF No. 64) is GRANTED. Plaintiff has 24 thirty days from the date of service of this order to complete and return a 25 subpoena and USM-285 form. 26 2. The Clerk of Court is directed to send Plaintiff a blank subpoena (form AO 88B) 27 1 28 Plaintiff has alleged that he was a pretrial detainee at the time of the incidents described in the complaint. 1 1 2 and form USM-285. 3. FCSO has thirty days from the date of service of this order to submit for in 3 camera review the video footage that includes the incident on November 21, 4 2016, that occurred in MJ4, as well as all incident reports related to the incident 5 alleged in Plaintiff’s complaint (including all evidence and witness accounts 6 gathered during the investigation(s)). At the same time, FCSO shall file a brief 7 regarding why the video and incident reports, or any part thereof, are subject to 8 the official information privilege, as well as proposed redactions. If any 9 information in the brief is confidential, those portions of the brief may be 10 redacted from the filed version. If the filed version has redactions, an 11 unredacted version of the brief shall be sent to the Court at 12 13 4. FCSO has thirty days from the date of service of this order to submit a brief 14 regarding its position on production of the picture(s) taken of Deon Walker on 15 November 21, 2016. 16 5. The Court narrows the request identified as Item No. 3 in FCSO’s response and 17 objections (ECF No. 62, p. 3) to all grievances and complaints that have been 18 filed on Defendant during his employment at Fresno County Jail during the five- 19 year period before the incident alleged in the complaint. However, FCSO and 20 Defendant only have to produce grievances and complaints if they are in 21 Defendant’s personnel file or referred to in his personnel file, and if they relate 22 to excessive force, failure to protect, or other mistreatment of inmates. FCSO 23 and Defendant have thirty days from the date of service of this order to produce 24 the grievances and/or complaints, or to file objections to the request. If FCSO or 25 Defendant files objections, Plaintiff has fourteen days from the date of service of 26 the objections to file his response. 27 28 6. The deadlines in this case are modified as follows: a. The dispositive motion filing deadline is January 17, 2020. 2 1 b. The expert disclosure deadline is June 5, 2020. 2 c. The rebuttal expert disclosure deadline is July 3, 2020. 3 d. Motion(s) for the attendance of confined witnesses, if any, must be filed 4 on or before June 3, 2020. Opposition(s), if any, must be filed on or 5 before July 6, 2020. 6 e. If Plaintiff wishes to have the Marshals Service serve any unincarcerated 7 witnesses who refuse to testify voluntarily, Plaintiff must submit the 8 money orders to the Court no later than July 6, 2020. In order to ensure 9 timely submission of the money orders, Plaintiff must notify the Court of 10 the names and locations of his witnesses, in compliance with the 11 instructions in the scheduling order (ECF No. 47, p. 8), no later than 12 June 3, 2020. f. Plaintiff’s deadline to file and serve a pretrial statement is June 3, 2020. 13 14 Defendant shall file and serve a pretrial statement on or before July 6, 15 2020. 16 g. The telephonic trial confirmation hearing is set on August 3, 2020, at 17 10:00 a.m. 18 h. The trial is set on November 3, 2020, at 8:30 a.m., in Courtroom 10. 19 7. All other dates and deadlines remain as previously set. 20 21 22 IT IS SO ORDERED. Dated: October 10, 2019 /s/ UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 3

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