(PC) Hackworth v. Arevalos et al

Filing 115

ORDER Directing Parties to Meet and Confer Regarding Resetting of Pretrial Conference and Trial Dates and to Submit Proposed Stipulation Within Twenty-One (21) Days signed by Magistrate Judge Christopher D. Baker on 3/27/2024. (Lawrence, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT HACKWORTH, JR,

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Plaintiff,
v.

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E. AREVALOS, et al.,
Defendants.

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Case No.: 1:19-cv-01362-KES-CDB (PC)
ORDER DIRECTING PARTIES TO
MEET AND CONFER REGARDING
RESETTING OF PRETRIAL
CONFERENCE AND TRIAL DATES AND
TO SUBMIT PROPOSED STIPULATION
WITHIN TWENTY-ONE (21) DAYS

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Plaintiff Robert Hackworth, Jr., is a state prisoner proceeding pro se and in forma

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

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Plaintiff’s constitutional claims against Defendant Arevalos. (Doc. 89.)

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I.

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Following a settlement conference held August 15, 2023, this Court issued its Second

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Scheduling Order. (Doc. 100.) A pretrial conference was set for April 8, 2024 and a jury trial

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was set for June 11, 2024, before then-assigned District Judge Ana de Alba. (Id. at 1.) Related

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procedures and deadlines were outlined. (Id. at 2-7.)

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BACKGROUND

On December 1, 2023, when Judge de Alba was elevated to the Ninth Circuit Court of

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Appeals, this action was temporarily reassigned to “No District Court Judge (NODJ).” (Doc.

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109.)

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On March 5, 2024, Plaintiff filed a document titled “Plaintiff Pretrial Statement With

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Motion For Inmate Witness. Motion Under Local Rule 281.” (Doc. 111.)
On March 6, 2024, the Court issued its order vacating the April 8, 2024 pretrial

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conference and June 11, 2024 trial, as well as related deadlines, to be reset at a later date as

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necessary. (Doc. 112 [minute order].)

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On March 14, 2024, the Court issued its Order of Reassignment, assigning this action to
District Judge Kirk E. Sherriff for all further proceedings. (Doc. 113.)
On March 15, 2024, Plaintiff filed a document titled “Plaintiff 2nd Amended Pretrial

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Statement With Request For Inmate Witness & Staff Witnesses. Motion Under Local Rule 281

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(Fed. Rule of Civ. P).” (Doc. 114.)

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II.

DISCUSSION

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The pretrial conference and jury trial in this action will be reset before District Judge

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Sherriff. The parties will be required to meet and confer and to submit a proposed stipulation,

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within 21 days of the date of this order, for the Court’s consideration regarding available dates

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for the pretrial conference and jury trial.

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The following potential dates for a pretrial conference before Judge Sherriff are:

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June 10, 2024

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June 24, 2024

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July 8, 2024

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July 15, 2024

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August 5, 2024

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August 19, 2024

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Pretrial conferences are heard at 1:30 p.m. in Courtroom 6 on the 7th Floor.
Jury trial shall commence no sooner than sixty days following a pretrial conference.
Thus, the following potential dates for a jury trial before Judge Sherriff are:

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The weeks of August 12, August 19, and August 26, 2024

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The weeks of September 2, September 9, September 16, September 23, and

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September 30, 2024

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The week of October 7, 2024
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The week of October 14, 2024

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The week of October 28, 2024

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The week of November 4, 2024

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Jury trials commence on Tuesdays at 9:00 a.m.1 in Courtroom 6 on the 7th Floor.

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Once the parties have submitted their stipulation concerning proposed pretrial conference

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and jury trial dates, the Court will issue an Amended Second Scheduling Order setting the matter

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for a pretrial conference and jury trial, and providing the relevant procedures and deadlines

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associated therewith. The parties are reminded those deadlines are firm and the procedures must

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be complied with completely.

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Plaintiff is advised his prior pretrial conference statements and motions for witnesses

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were not considered by the Court given the fact the deadlines for both were vacated by the Court

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in its March 6, 2024 order. Plaintiff will be provided an opportunity in the Court’s anticipated

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Amended Second Scheduling Order to resubmit his pretrial statement and motion for witness

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appearances.

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III.

CONCLUSION AND ORDER

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For the reasons given above, IT IS HEREBY ORDERED that the parties SHALL

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submit a stipulation, within 21 days of the date of this order, proposing available dates for a

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pretrial conference and jury trial in this matter in accordance with the information provided

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above.

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IT IS SO ORDERED.

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Dated:

March 27, 2024

___________________

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UNITED STATES MAGISTRATE JUDGE

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In the event of a Monday holiday falling during the first week of trial, the first day of trial shall begin on
Wednesday, rather than Tuesday, after a Monday holiday.

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