Huynh v. Hubbard et al

Filing 79

ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/08/17 ordering ( Status (Pretrial Scheduling) Conference set for 9/6/2017 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney.) The parties are required to submit a joint status report to the court by 08/30/17. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TAI HUYNH,

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Plaintiff,

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No. 2:09-cv-1979 MCE CKD P

v.

ORDER

SUSAN HUBBARD, et al.,

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Defendants.

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Plaintiff is a California state inmate proceeding with counsel in this civil rights action

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pursuant to 42 U.S.C. § 1983. The mandate of the Ninth Circuit Court of Appeal has issued,

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ordering that the appellate court’s judgment, entered June 30, 2017, takes effect as of July 24,

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2017. ECF No. 73. This court’s denial of plaintiff’s motion for the appointment of counsel was

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reversed, the subsequent grant of defendants’ motion for summary judgment was vacated, and the

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case was remanded to this court. Id. Plaintiff’s pro bono appellate counsel have agreed to

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continue representing plaintiff and have been appointed for all further matters in this case. ECF

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No. 75.

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Accordingly, pursuant to the provisions of Federal Rule of Civil Procedure 16 and Local
Rule 240, IT IS HEREBY ORDERED that:
1. A status (pretrial scheduling) conference is set for Wednesday, September 6, 2017, at
10:00 a.m. in Courtroom #24 before the undersigned. Counsel for the parties may appear
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telephonically.
2. The parties are required to submit a joint status report to the court by August 30, 2017,
briefly setting out their views on the following matters:

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a. Whether any amendments to the operative second amended complaint are anticipated;

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b. Whether any additional discovery is necessary;

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c. Whether defendants anticipate filing another motion for summary judgment; and,

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d. Whether the parties are amenable to scheduling a settlement conference in this matter.

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Dated: August 8, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/huyn1979.statusconference.docx

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