Venable v. Patel

Filing 88

ORDER Continuing Trial Date, Setting Telephonic Status Conference, and Extending Deadline for Submission of Trial Documents; ORDER VACATING Writ of Habeas Corpus Ad Testificandum Directing Production of Inmate Elvis Venable, CDCR #P-32015; ORDER Dire cting Clerk's Office to Serve Order by E-mail on California Correctional Institution, signed by Magistrate Judge Barbara A. McAuliffe on 01/31/2022. Jury Trial set for 4/20/2022 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Telephonic Status Conference set for 3/28/2022 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Maldonado, C)

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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.
PATEL,

Case No. 1:17-cv-01519-BAM (PC)
ORDER CONTINUING TRIAL DATE,
SETTING TELEPHONIC STATUS
CONFERENCE, AND EXTENDING
DEADLINE FOR SUBMISSION OF TRIAL
DOCUMENTS

Defendant.
Telephonic Status Conference: Monday,
March 28, 2022, at 9:30 a.m.
Jury Trial: Wednesday, April 20, 2022, at
8:30 a.m. in Courtroom 8 (BAM)
ORDER VACATING WRIT OF HABEAS
CORPUS AD TESTIFICANDUM
DIRECTING PRODUCTION OF INMATE
ELVIS VENABLE, CDCR #P-32015
(ECF No. 81)
ORDER DIRECTING CLERK’S OFFICE TO
SERVE ORDER BY E-MAIL ON
CALIFORNIA CORRECTIONAL
INSTITUTION

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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. All
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parties have consented to Magistrate Judge jurisdiction. (ECF No. 44.)
On January 31, 2022, a motion in limine hearing was held via Zoom video conference.

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(ECF No. 86.) As discussed on the record, the Court finds it necessary and appropriate to

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continue trial in this action to Wednesday, April 20, 2022, at 8:30 a.m. in Courtroom 8. Also as

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discussed on the record, the deadline for submission of the parties’ trial documents (including

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verdict form, jury instructions, proposed voir dire, and statement of the case), as set forth in the

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Court’s December 14, 2021 pretrial order, (ECF No. 76), is extended to February 28, 2022.

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In addition, on January 18, 2022, the Court issued a writ of habeas corpus ad

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testificandum directing the production of Plaintiff Elvis Venable, inmate, CDCR #P-32015, for

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the original February 14, 2022, trial date. (ECF No. 81.) As the Court has reset trial for April 20,

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2022, at 8:30 a.m., the transportation writ for Inmate Venable shall be vacated.

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Finally, a telephonic status conference to discuss any further trial preparations will be set
for Monday, March 28, 2022, at 9:30 a.m.
Accordingly, it is HEREBY ORDERED as follows:
1. The jury trial in this action is CONTINUED to Wednesday, April 20, 2022, at 8:30 a.m.
in Courtroom 8 (BAM);
2. A telephonic status conference is SET for Monday, March 28, 2022, at 9:30 a.m.;

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

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b. Defense counsel shall contact Courtroom Deputy, Esther Valdez, at (559) 499-

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5788 or [e-mail] for the Zoom dial-in information for all

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parties;

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c. Defense counsel is required to arrange for Plaintiff’s participation by contacting
the Litigation Coordinator at the institution where Plaintiff is housed;
3. The parties shall submit trial documents (verdict form, jury instructions, proposed voir

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dire, and statement of the case), as set forth in the December 14, 2021, pretrial order,

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(ECF No. 76), on or before February 28, 2022;

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4. The writ of habeas corpus ad testificandum directing the transportation of Elvis Venable,

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inmate, CDCR #P-32015, issued on January 18, 2022, (ECF No. 81), is VACATED;
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5. The Clerk’s Office shall serve a courtesy copy of this order by e-mail on the Litigation

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Coordinator at California Correctional Institution, and on the Litigation Coordinator of

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any other institution(s) which require this information; and

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6. The Court will issue all necessary transportation writs and amended transportation writs in
due course.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 31, 2022

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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