Edwards v. CSP Solano, et al.,

Filing 80

ORDER signed by Magistrate Judge Craig M. Kellison on 01/24/12 ordering that the parties shall file a status report either jointly or separately within 30 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID E. EDWARDS,

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Plaintiff,

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vs.

ORDER

CSP SOLANO, et al.,
Defendants.

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No. CIV S-08-0620-CMK-P

/
Plaintiff, a state prisoner now proceeding with counsel, brings this civil rights

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action pursuant to 42 U.S.C. § 1983. Pursuant to the written consent of all parties, this case is

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before the undersigned as the presiding judge for all purposes, including entry of final judgment.

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See 28 U.S.C. § 636(c).

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Pursuant to the current schedule in this case, the time for any dispositive motions

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has passed. The court has resolved the motions for summary judgment, the parties attended an

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unsuccessful settlement conference, and this case should now be ready for trial. Status reports

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were filed by the parties last year, prior to the summary judgment motions and settlement

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conference. As significant time has passed, the court now requires an update. The parties shall

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therefore submit to the court a report on the status of this case. As plaintiff is now represented by
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counsel, the parties shall meet and confer prior to filing their report.1 The report must address the

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following:

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1.

Whether this matter is ready for trial and, if not, why not;

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2.

Whether a pretrial motion is contemplated and, if so, the type of motion

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and the time needed to file the motion and complete the time schedule set forth in Local Rule

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230;

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3.

A narrative statement of the facts that will be offered by oral or

documentary evidence at trial;

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4.

A list of all exhibits to be offered into evidence at the trial of the case;

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5.

A list of the names and addresses of all witnesses the party intends to call;

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6.

A summary of the anticipated testimony of any incarcerated witnesses;

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7.

Proposed dates for trial, including the time estimated for trial;

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8.

Whether either party still requests trial by jury;

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9.

If any defendants remain unserved, the parties shall address whether such

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defendants should be dismissed under Federal Rule of Civil Procedure 4(m);

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10.

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Any other matter, not covered above, which the party desires to call to the

trial; and

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Whether a status conference is necessary prior to setting this matter for

attention of the court.

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Following the receipt of the status reports, unless it is determined that a status

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conference is necessary, the court will issue a final scheduling order setting this matter for a pre-

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trial hearing and trial. The parties will thereafter be required to file pre-trial statements, and the

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court will address the issue of any incarcerated witnesses.

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The court will allow the parties to decide whether a joint status report can be filed.
If not, the parties shall submit separate status reports within the time provided.
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The parties are warned that failure to file a status report which addresses the

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issues set forth above may result in the imposition of appropriate sanctions, including dismissal

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of the action or preclusion of issues or witnesses. See Local Rule 110.

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Accordingly, IT IS HEREBY ORDERED that the parties shall file a status report,
either jointly or separately, within 30 days.

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DATED: January 24, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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