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

Filing 99

ORDER SETTING SCHEDULING CONFERENCE, signed by Magistrate Judge Barbara A. McAuliffe on 2/3/2021. ( Scheduling Conference set for 3/15/2021 at 10:00 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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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID PHILLIPS-KERLEY,

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Plaintiff,

Case No. 1:18-cv-00438-AWI-BAM
ORDER SETTING SCHEDULING
CONFERENCE

v.
CITY OF FRESNO, AND DOES 1
THROUGH 10, INCLUSIVE,
Defendants.

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On February 2, 2021, the Court held a further telephonic status conference in this action.

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Plaintiff David Phillips-Kerley, proceeding in propria persona, appeared by telephone. Counsel

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Ilan Rosen Janfaza specially appeared by telephone on behalf of Plaintiff Phillips-Kerley.

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Counsel Joseph Rubin appeared by telephone on behalf of Defendant City of Fresno. The

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primary purpose of the conference was to address whether Plaintiff Phillips-Kerley had secured

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new counsel or intended to proceed in propria persona.

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At the conference, specially appearing counsel on behalf of Plaintiff Phillips-Kerley

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requested additional time, up to sixty (60) days, to review and analyze this action and to

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determine representation, including potential co-counsel. Defendant objected to the request,

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noting that Plaintiff Phillips-Kerley has had since July of 2020 to secure new counsel. Defendant

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asserted that further delays are prejudicial because witnesses with the City of Fresno have retired
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or are leaving employment. In response to Defendant’s objection, Plaintiff Phillips-Kerley

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indicated that he did not believe he could seek out new counsel until after the Court issued its

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order in October 2020 granting withdrawal of his prior counsel.
Having considered the parties’ representations and arguments, Plaintiff Phillips-Kerley

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will be granted one last and final continuance to secure new counsel or to otherwise determine

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how he would like to proceed in this action. The matter will be set for a further Scheduling

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Conference to address the stayed discovery deadlines in this action.

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Accordingly, the Court sets a FURTHER SCHEDULING CONFERENCE in this action

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on March 15, 2021, at 10:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara

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A. McAuliffe. The parties shall meet and confer prior to the conference. No later than March

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10, 2021, the parties shall file a Joint Scheduling Report with proposed amended discovery,

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pretrial and trial deadlines for the Court’s consideration. The parties shall appear at the

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conference by telephone with each party using the following dial-in number and access code:

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dial-in number 1-877-411-9748; access code 3219139.

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If Plaintiff secures new counsel prior to the conference, then a notice of substitution of
counsel must be filed before the date set for the conference.

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A copy of this Order will be served on Plaintiff Phillips-Kerley at his address on the
docket.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 3, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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