Mitchell v. Felker et al

Filing 320

ORDER signed by District Judge Troy L. Nunley on 3/13/14 DENYING 318 Motion to Set Status Conference, Pretrial Conference, and Trial. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT MITCHELL, ET AL.,

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Plaintiff,

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No. 2:08-cv-1196 TLN

v.

ORDER

FELKER, ET AL.,

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Defendant.

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This matter is before the Court pursuant to Plaintiffs Robert Mitchell and Alvaro

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Quezada’s, on behalf of themselves and others similarly situated, (“Plaintiffs”) Motion to Set for

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Status Conference, Pretrial Conference, and Trial (ECF No. 318).

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I.

Factual Background

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Plaintiff Robert Mitchell (“Mitchell”) initiated this case pro se on May 30, 2008, to

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challenge, among other things, a series of allegedly race-based lockdowns to which he was

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subjected at High Desert State Prison (“HDSP”) beginning on September 12, 2006. (Compl.,

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ECF No. 1 at 12−14.)1 The case was originally assigned to District Court Judge John A. Mendez,

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but was reassigned to visiting Judge Richard A. Jones of the Western District of Washington in

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January 2009. (ECF No. 7.) During pretrial proceedings, the court appointed counsel to Mitchell

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Page numbers cited herein refer to those assigned by the Court’s electronic docketing system and not those
assigned by the parties.

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for the limited purpose of assisting him in settlement negotiations with Defendants. (ECF No.

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60.) That same counsel later agreed to provide continuing representation to Mitchell and sought

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to amend the complaint in order to transform the case into a class action challenging allegedly

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race-based lockdowns throughout California’s men’s prisons. (ECF Nos. 70, 74.) Judge Jones

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directed the transfer of the case back to a judge within the Eastern District of California,

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concluding that it was “far from ideal for a judge sitting in the Western District of Washington to

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consider presiding over an action challenging policies at all of California’s prisons.” (ECF No.

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82 at 1.) The case accordingly was reassigned to Judge John A. Mendez and Magistrate Judge

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Edmund F. Brennan, who granted the motion to amend on September 22, 2011. (ECF No. 83.)

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Mitchell filed the second amended complaint (“SAC”) on September 23, 2011. (ECF No. 84.)
On November 2, 2011, pursuant to Defendants’ motion to dismiss (ECF No. 92)

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the court dismissed Mitchell’s Eighth and 14th Amendment claims based on lockdowns that

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occurred before September 12, 2006, as unexhausted and limited his state law damages claims to

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the period from February 28, 2007, through December 5, 2007. (ECF Nos. 107, 114.)

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On March 5, 2013, Plaintiffs filed a motion to certify class as well as a motion for

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preliminary injunction. (ECF Nos. 155, 156.) On April 3, 2013, this case was assigned to the

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undersigned, but was properly before Magistrate Judge Edmund F. Brennan. (ECF No. 178.)

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Subsequently, Plaintiffs filed a request for the district court to hear its pending motions for class

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certification and injunctive relief, pursuant to Eastern District of California Local Rule 302(d).

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(ECF No. 182.) Before the Court had an opportunity to rule on Plaintiffs’ request, Defendants

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filed their motion for summary judgment. (ECF No. 253.)
On August 5, 2013, the Court granted Plaintiffs’ request stating that “because

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Plaintiffs’ class certification and preliminary injunction motion, as well as Defendants’ summary

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judgment motion, are likely to require de novo review, this Court finds that judicial economy

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would be best served by this Court retaining all future motions associated with this case.” (ECF

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No. 278.) Thus, this Court retained all matters associated with this case going forward and the

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trial dates assigned to this case were vacated. (ECF No. 312.) Accordingly, Plaintiffs’ Motion

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for Preliminary Injunction (ECF No. 156), Plaintiff’s Motion for Class Certification (ECF No.

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155) and Defendants’ Motion for Summary Judgment (ECF No. 253) were all fully briefed and

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pending before the Court at the time that this Court granted Plaintiffs’ request to come before the

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District Court. The Court determined that it would be most efficient to decide Defendants’

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Motion for Summary Judgment prior to deciding Plaintiffs’ motion for class certification. See

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Saeger v. Pac. Life Ins. Co., 305 F. App’x 492, 493 (9th Cir. 2008) (“We have previously held

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that, ‘[u]nder the proper circumstances—where it is more practicable to do so and where the

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parties will not suffer significant prejudice—the district court has discretion to rule on a motion

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for summary judgment before it decides the certification issue.’”) (quoting Wright v. Schock, 742

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F.2d 541, 543–44 (9th Cir. 1984)). The Court issued its order as to Defendants’ motion on

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February 7, 2014. (See ECF No. 317.)

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II.

Plaintiffs’ Motion to Set for Status Conference, Pretrial Conference
and Trial (ECF No. 318)

Plaintiffs have brought a motion, pursuant to Local Rule 280, requesting that this

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matter be set for a status conference, pretrial conference, and trial. (See ECF No. 318.) The

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Court is cognizant of the importance of the issues raised by Plaintiffs’ case. However, the Court

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finds that parties’ interests would be better served by allowing the Court to rule on the other

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pending matters before setting a status conference. Although, this case has been pending since

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2008, it has only recently been assigned to this Court. Moreover, it was done so at Plaintiffs’

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request. (See ECF No. 182.) There are numerous matters before this Court and Plaintiffs’ recent

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appearance on this Court’s docket does not entitle them to preferential treatment. The Court is

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working diligently to accommodate all the matters before it in a timely manner based on the

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length of time that it has been before this Court. The Court does not need reminders from the

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parties about the pending matters as the Court is well aware of such matters. Thus, Plaintiffs’

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Motion to Set for Status Conference, Pretrial Conference, and Trial (ECF No. 318) is hereby

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DENIED. After the Court has had the opportunity to rule on the pending matters before it, the
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Court will schedule a status conference to set the pretrial conference and trial.
IT IS SO ORDERED.
Dated: March 13, 2014

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Troy L. Nunley
United States District Judge

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