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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELVIS VENABLE,

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Plaintiff,
v.

ORDER VACATING TRIAL DATE,
TELEPHONIC TRIAL CONFIRMATION
HEARING DATE, AND DEADLINES SET IN
SECOND SCHEDULING ORDER

PATEL,
(ECF No. 41)

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Defendant.
ORDER SETTING TELEPHONIC STATUS
CONFERENCE

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Date: April 15, 2021
Time: 9:30 a.m.

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Case No. 1:17-cv-01519-BAM (PC)

Plaintiff Elvis Venable (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s claim against Defendant Patel for nominal, compensatory, and punitive damages

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resulting from Defendant Patel’s alleged violation of Plaintiff’s Eighth Amendment rights.

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Pursuant to the Second Scheduling Order issued January 4, 2021, this action is currently

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set for a telephonic trial confirmation hearing on December 1, 2021 and a jury trial commencing

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January 25, 2022 before Senior District Judge Anthony W. Ishii. (ECF No. 41.) That order set

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forth deadlines for the filing of pretrial motions and pretrial statements. The parties were also

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provided the opportunity to notify the Court whether they consent to Magistrate Judge

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jurisdiction.
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Thereafter, all parties executed consent forms, and this matter was reassigned from the

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docket of Senior District Judge Ishii to the undersigned, for all purposes including trial and entry

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of judgment. (ECF No. 44.)

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In light of the parties’ consent, the Court vacates the December 1, 2021 telephonic trial

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confirmation hearing and the January 25, 2022 trial date in this action. The Court will also set a

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telephonic status conference for April 15, 2021, at 9:30 a.m. to discuss resetting the relevant

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deadlines and trial date before the undersigned.

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Accordingly, IT IS HEREBY ORDERED as follows:
1. The telephonic trial confirmation hearing date of December 1, 2021 is VACATED;

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2. The trial date of January 25, 2022 is VACATED;

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3. The deadlines for submission of pretrial statements and motions for attendance of

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incarcerated and unincarcerated witnesses as set forth in the January 4, 2021 Second

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Scheduling Order are VACATED. These deadlines will be reset upon confirmation of the

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continued trial date;

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4. A telephonic status conference is set for April 15, 2021, at 9:30 a.m. before the
undersigned in Courtroom 8 (BAM);

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5. The parties shall appear telephonically (via Zoom);

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6. Defense counsel shall contact Courtroom Deputy, Esther Valdez, at [phone] or

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[e-mail] 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.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 17, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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