Jones et al v. DeForest

Filing 87

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/24/13 ordering plaintiff's request for an extension of time to file a pretrial statement is granted. Plaintiff shall file a pretrial statement within 30 days of the date of this order. Defendant's pretrial statement is due within 14 days after service of plaintiff's pretrial statement. (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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MALIK JONES

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Plaintiff,
vs.
J. McGUIRE, et al.,
Defendants.

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No. 2:08-cv-2607 MCE CKD P

ORDER
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Plaintiff, a state prisoner, proceeds pro se with a civil rights complaint brought

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pursuant to 42 U.S.C. § 1983. Plaintiff’s sole remaining claim is that defendant Lipton was

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deliberately indifferent to his serious medical need on September 13, 2007 in violation of the

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Eighth Amendment.

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Pursuant to the court’s order of November 27, 2012, plaintiff’s pretrial statement

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was due on December 28, 2012. On that date, plaintiff’s motion for order to subpoena witnesses

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(Dkt. No. 85) was received in which he requests a 30 day extension of time to file a pretrial

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statement. Good cause shown, plaintiff’s request for an extension of time will be granted.

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Plaintiff must file a pretrial statement within 30 days of the date of this order. Plaintiff must list

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his desired trial witnesses in his pretrial statement in accordance with Local Rule 281. See E.D.

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Cal. L.R. 281. The court notes that defendant opposes plaintiff’s motion for order to subpoena
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witnesses, based on the fact that plaintiff failed to disclose the names of any witnesses in

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response to defendant’s interrogatories propounded upon plaintiff. (Dkt. No. 86.) Accordingly,

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plaintiff must now demonstrate that his failure to disclose was substantially justified under the

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circumstances or that the delay was harmless. See Fed. R. Civ. P. 37(c)(1); Yeti By Molly Ltd. v.

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Deckers Outdoor Corp., 259 F.3d 1101, 1106 (9th Cir. 2001).

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For the foregoing reasons, IT IS HEREBY ORDERED THAT:

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1. Plaintiff’s request for an extension of time to file a pretrial statement is

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GRANTED; plaintiff shall file a pretrial statement within 30 days of the date of this order.

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Plaintiff is once again cautioned that if he fails to file a pretrial order, it will be recommended

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that this case be dismissed with prejudice for failure to prosecute and failure to comply with the

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court’s orders.

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2. Defendant’s pretrial statement is due within 14 days after service of plaintiff’s
pretrial statement. See Fed. R. Civ. P. 41(b); E.D. Cal. L.R. 110.
Dated: January 24, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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