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