Nelson v. Runnels et al

Filing 127

ORDER APPOINTING COUNSEL signed by Judge Lawrence K. Karlton on 2/8/13. Attorney Kresta Nora Daly added for Raymond Paul Nelson. Joint status report due within 60 days. (cc: ADR and Kresta Daly via electronic notification and USPS) (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAYMOND PAUL NELSON,
Plaintiff,

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vs.
D.L. RUNNELS, et al.,
Defendants.

ORDER APPOINTING COUNSEL
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No. 2:06-cv-1289 LKK KJN P

Plaintiff Raymond Paul Nelson is a former state prisoner proceeding without

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counsel in this civil rights action filed pursuant to 42 U.S.C. § 1983. On September 8, 2011, the

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court found that appointment of pro bono counsel for plaintiff was warranted. (Dkt. No. 111.)

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On September 30, 2011, attorney James J. Goodwin was appointed to represent plaintiff. (Dkt.

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No. 112.) However, on January 4, 2013 the court withdrew the appointment of Mr. Goodwin, and

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referred the matter back to the ADR and Pro Bono Coordinator to locate new counsel for plaintiff.

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(Dkt. No. 126.)

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Attorney Kresta N. Daly has now been selected from the pro bono panel to
represent plaintiff, and she has accepted the appointment.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Kresta N. Daly is appointed as counsel in the above-entitled matter.

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2. Kresta N. Daly shall notify Sujean Park, at [phone] or via email at
[e-mail], if she has any questions related to the appointment.
3. Counsel for plaintiff and defendants shall, within sixty days after the filing date

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of this order, file a joint status report that addresses whether there is a need for further discovery

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in this action, including whether plaintiff intends to seek the services of an expert witness;

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whether plaintiff intends to rely on his Second Amended Complaint, or seek leave to file a Third

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Amended Complaint; whether there is a reasonable possibility to achieve settlement in this action

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and, if so, whether a settlement conference should presently be scheduled. If plaintiff is prepared

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to proceed to trial at this time, the parties shall provide proposed dates for a trial confirmation

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hearing and for trial, with an estimated length of trial. The parties shall address any other matters

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that may contribute to the just and expeditious disposition of this action.

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4. Upon review of the parties’ joint status report, the court will issue a further
scheduling order and/or schedule a status conference.

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5. The Clerk of the Court is directed to serve a copy of this order upon Kresta N.

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Daly, Barth Dozer & Daly, Rea Building, 431 I Street, Suite 201, Sacramento, California 95814.

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SO ORDERED.
DATED: February8, 2013.