Leubner v. County of San Joaquin et al

Filing 149

ORDER signed by Magistrate Judge John F. Moulds on 5/5/2011 ORDERING that this matter is set for telephonic hearing at 2:00 p.m. on May 16, 2011. All parties shall contact Jonathan Anderson, Courtroom Deputy, in advance of the hearing to provide a telephone number where they will be at the time set for the hearing.(Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MILOS LEUBNER,

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Plaintiff,

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No. 2:08-cv-0853 GEB JFM PS

vs.
COUNTY OF SAN JOAQUIN, et al.,

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Defendants.

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ORDER
/

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A hearing was held on April 29, 2011 on defendants’ motion to modify the

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scheduling order and plaintiff’s motion to compel. Plaintiff Milos Leubner appeared in propria

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persona. Marjorie Manning appeared for defendant Thomas Mazzerra. Dana Suntag appeared

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for defendant Christopher Holden. Donna Dones appeared in propria persona.

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Upon consideration of the motions, discussion of plaintiff and counsel and good

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cause appearing therefor, THE COURT ORDERS AS FOLLOWS:

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1.

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Plaintiff’s Motion to Compel
On April 21, 2011, plaintiff filed a motion to compel production of documents

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and a motion for release of juvenile records for photocopying. Plaintiff’s request for release of

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juvenile records was addressed by an order issued May 2, 2011. Plaintiff’s motion to compel

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production was procedurally deficient and will be denied without prejudice.

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2.

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Modified Scheduling Order
On March 28, 2011, defendant Christopher Holden filed a motion to modify the

December 10, 2010 scheduling order. Also on March 28, 2011, defendant Thomas Mazzerra
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joined in the motion. Defendants’ motions are well taken. The current scheduling order is not

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well suited to this case. Before a new scheduling order issues, however, the status of Kenneth

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Egi1 needs to be resolved. The question of whether or not service was proper and the question of

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his current residence should be resolved before this case can be reasonably scheduled.

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Accordingly, this matter will be set for a telephonic hearing at 2:00 p.m. on May 16, 2011.

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At that hearing, defendants shall be prepared to provide reasonably complete

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information about the current residence of Mr. Egi and the date of and reasons for his termination

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from San Joaquin County Child Protective Services employment or, in the alternative, to provide

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the name, job title, and location of the employee of San Joaquin County who is able to provide

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this information. In addition, the Office of the County Counsel of San Joaquin (County Counsel)

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shall take all steps necessary to determine whether County Counsel would represent Mr. Egi in

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this action in the event that the court determines that service has already been waived on behalf

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of Mr. Egi or in the event that service is accomplished at a subsequent stage of these proceedings.

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In accordance with the above, IT IS HEREBY ORDERED that this matter is set

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for telephonic hearing at 2:00 p.m. on May 16, 2011. All parties shall contact Jonathan

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Anderson, Courtroom Deputy, in advance of the hearing to provide a telephone number where

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they will be at the time set for the hearing.

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DATED: May 5, 2011.

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/014/12;leub0853.oasc.rvsd

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Mr. Egi is identified as Kenneth Egie in the third amended complaint, and as Kenneth
Egi in an exhibit appended thereto.
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