Mayweathers v. Swarthout et al

Filing 61

ORDER signed by Magistrate Judge Kendall J. Newman on 11/8/2012 VACATING the 60 court's order and CORRECTING the November 15, 2012 date to be on a Thursday; GRANTING plaintiff's 59 motion for confidential attorney-client telephone calls ; the CMCW Warden, Litigation Coordinator and other pertinant staff shall facilitate two confidential telephone calls between inmate Karluk Mayweathers and his appointed counsel; and the clerk is to promptly serve a copy of this order, by facsimile and/or email, on both the CMCW Warden and the Litigation Coordinator. See Order for Details. (Copy of Order faxed to both the CMCW Warden and the Litigation Coordinator). (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KARLUK M. MAYWEATHERS,

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Plaintiff,

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No. 2:09-cv-3284 LKK KJN P

vs.
GARY SWARTHOUT, et al.,

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Defendants.

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ORDER
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The court’s order filed November 7, 2012 (Dkt. No. 60), is hereby vacated.1

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Plaintiff is a state prisoner incarcerated at the California Men’s Colony West, in

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San Luis Obispo, California. Plaintiff’s court-appointed counsel requests an order authorizing

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the following confidential telephone calls with plaintiff, concerning the settlement conference in

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this action scheduled for November 15, 2012, at 1:00 p.m, before Magistrate Judge Craig M.

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Kellison. Counsel requests authorization for confidential telephone calls with plaintiff on the

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following dates and at the following times: (1) Tuesday, November 13, 2012, at 12:00 p.m., and

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(2) Thursday, November 15, 2012, at 3:15 p.m.

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The court’s prior order inaccurately referenced November 15, 2012, as a Wednesday,
rather than a Thursday. The correction is made in the instant order.

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For good cause shown , IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for confidential attorney-client telephone calls (Dkt. No. 59)

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is granted.

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2. The CMCW Warden, CMCW Litigation Coordinator, and other pertinent

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CMCW correctional staff, shall facilitate two confidential telephone calls between inmate Karluk

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Mayweathers, and his appointed counsel (Ms. Rachel Smith and/or Mr. Amir Nassihi), on the

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following dates and at the following times:

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(1) Tuesday, November 13, 2012, at 12:00 p.m., and

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(2) Thursday, November 15, 2012, at 3:15 p.m.

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Each of these confidential telephone calls shall continue, without interruption, for a maximum of

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120 minutes or until completed, whichever is earlier.
3. In addition, should counsel require a third confidential telephone call with

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plaintiff, on November 15, 2012, for the purpose of concluding the scheduled settlement

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conference, CMCW staff are directed to promptly facilitate such request from plaintiff’s counsel,

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subject to same conditions noted above, without requiring a further order of this court.

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4. Upon the filing and service of this order, plaintiff’s counsel shall contact the

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CMCW Litigation Coordinator, and provide a telephone number that may be used to reach

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counsel at their office and for purposes of facilitating the above-noted confidential telephone

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calls.

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5. The Clerk of the Court is directed to promptly serve a copy of this order, by
facsimile and/or email, on both the CMCW Warden and CMCW Litigation Coordinator.
SO ORDERED.
DATED: November 8, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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