Phillips-Kerley v. City of Fresno Fire Department, et al.

Filing 96

ORDER signed by Magistrate Judge Barbara A. McAuliffe on 12/14/2020 setting Status Conference for 2/2/2021 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID PHILLIPS-KERLEY,

Case No. 1:18-cv-00438-AWI-BAM

Plaintiff,

ORDER SETTING FURTHER STATUS
CONFERENCE

v.
CITY OF FRESNO FIRE DEPARTMENT,
et al.,
Defendants.
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On December 14, 2020, the Court held a further telephonic status conference in this action.

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Plaintiff David Phillips-Kerley appeared by telephone in propria persona. Counsel Joseph Rubin

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appeared by telephone on behalf of Defendant City of Fresno. The purpose of the status conference

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was to address whether, following an extension of time, Plaintiff had secured new counsel or intended

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to represent himself in propria persona, whether the stay of discovery should be lifted, and whether

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the Scheduling Order in this case required modification.

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At the conference, Plaintiff requested an additional three-month extension of time to secure

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counsel. Plaintiff explained that additional time was needed for potential counsel to review his case

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and to account for delays from COVID-19 and the impending holidays and. Defendant objected to

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this request given the lengthy delays in this action.

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As discussed by the Court and parties, Plaintiff has known of his prior counsel’s anticipated

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withdrawal from this action since at least July of 2020, and he has had approximately five (5) months

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to secure new counsel. (See Doc. No. 81.) As a result, an additional three-month extension of time
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will not be granted. Nevertheless, based on delays occasioned, in part, from COVID-19, Plaintiff will

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be granted one final extension of time to secure new counsel or to otherwise determine how he would

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like to proceed in this action. Discovery shall remain stayed and any remedies available to Defendant

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for Plaintiff’s failure to provide timely initial disclosures are preserved.

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Accordingly, the Court sets a FURTHER TELEPHONIC STATUS CONFERENCE in this

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matter for February 2, 2021, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge

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Barbara A. McAuliffe. The purpose of the conference will be to address whether Plaintiff has

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secured new counsel or intends to represent himself in propria persona, whether the stay of discovery

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should be lifted, and whether the Scheduling Order in this case requires modification. The parties shall

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appear at the conference by telephone with each party using the following dial-in number and access

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code: dial-in number 1-877-411-9748; access code 3219139. If Plaintiff secures new counsel and a

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notice of substitution of counsel is filed before the date set for the conference, then the conference will

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be advanced.

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Plaintiff is cautioned that the failure to appear at the conference may result in the imposition of

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sanctions, including terminating sanctions. A copy of this Order will be served on Plaintiff at his last

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known address.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

December 14, 2020

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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