Venable v. Patel

Filing 45

ORDER VACATING trial date telephonic trial confirmation hearing date and deadlines set in second scheduling order; ORDER Setting Telephonic Status Conference, signed by Magistrate Judge Barbara A. McAuliffe on 02/17/2021. ( Status Conference set for 4/15/2021 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe)(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ELVIS VENABLE, 12 13 14 Plaintiff, v. ORDER VACATING TRIAL DATE, TELEPHONIC TRIAL CONFIRMATION HEARING DATE, AND DEADLINES SET IN SECOND SCHEDULING ORDER PATEL, (ECF No. 41) 15 Defendant. ORDER SETTING TELEPHONIC STATUS CONFERENCE 16 17 Date: April 15, 2021 Time: 9:30 a.m. 18 19 Case No. 1:17-cv-01519-BAM (PC) Plaintiff Elvis Venable (“Plaintiff”) is a state prisoner proceeding pro se and in forma 20 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on 21 Plaintiff’s claim against Defendant Patel for nominal, compensatory, and punitive damages 22 resulting from Defendant Patel’s alleged violation of Plaintiff’s Eighth Amendment rights. 23 Pursuant to the Second Scheduling Order issued January 4, 2021, this action is currently 24 set for a telephonic trial confirmation hearing on December 1, 2021 and a jury trial commencing 25 January 25, 2022 before Senior District Judge Anthony W. Ishii. (ECF No. 41.) That order set 26 forth deadlines for the filing of pretrial motions and pretrial statements. The parties were also 27 provided the opportunity to notify the Court whether they consent to Magistrate Judge 28 jurisdiction. 1 1 Thereafter, all parties executed consent forms, and this matter was reassigned from the 2 docket of Senior District Judge Ishii to the undersigned, for all purposes including trial and entry 3 of judgment. (ECF No. 44.) 4 In light of the parties’ consent, the Court vacates the December 1, 2021 telephonic trial 5 confirmation hearing and the January 25, 2022 trial date in this action. The Court will also set a 6 telephonic status conference for April 15, 2021, at 9:30 a.m. to discuss resetting the relevant 7 deadlines and trial date before the undersigned. 8 9 Accordingly, IT IS HEREBY ORDERED as follows: 1. The telephonic trial confirmation hearing date of December 1, 2021 is VACATED; 10 2. The trial date of January 25, 2022 is VACATED; 11 3. The deadlines for submission of pretrial statements and motions for attendance of 12 incarcerated and unincarcerated witnesses as set forth in the January 4, 2021 Second 13 Scheduling Order are VACATED. These deadlines will be reset upon confirmation of the 14 continued trial date; 15 16 4. A telephonic status conference is set for April 15, 2021, at 9:30 a.m. before the undersigned in Courtroom 8 (BAM); 17 5. The parties shall appear telephonically (via Zoom); 18 6. Defense counsel shall contact Courtroom Deputy, Esther Valdez, at (559) 499-5788 or 19 20 21 22 for the Zoom dial-in information for all parties; 7. Defense counsel is required to arrange for Plaintiff’s participation by contacting the Litigation Coordinator at the institution where Plaintiff is housed; and 8. The Court will issue any necessary transportation writ in due course. 23 24 25 26 IT IS SO ORDERED. Dated: /s/ Barbara February 17, 2021 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 27 28 2

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