Thompson v. Mauck, et al

Filing 56

ORDER signed by Magistrate Judge Craig M. Kellison on 10/15/12 ORDERING that Plaintiffs status report shall be filed and served within 30 days from the date of service of this order; and Defendants status report shall be filed within 14 days after service of plaintiffs status report.(Dillon, 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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DeWAYNE THOMPSON,

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No. CIV S-09-3478-JAM-CMK-P

Plaintiff,
ORDER

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vs.
CHRIS MAUCK, et al.,
Defendants.

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/
Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant

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to 42 U.S.C. § 1983. This action continues against defendant Mauck only. Pursuant to the

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court’s request, both sides have indicated this case is ready for trial. However, neither side has

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filed complete status reports providing the court with the information necessary to properly set it

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for trial. Therefore, the parties shall each submit to the court and serve by mail on all other

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parties a full report on the status of this case. The report must address the following:

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1.

A narrative statement of the facts that will be offered by oral or

documentary evidence at trial;

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2.

A list of all exhibits to be offered into evidence at the trial of the case;

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3.

A list of the names and addresses of all witnesses the party intends to call;
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4.

A summary of the anticipated testimony of any incarcerated witnesses;

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5.

The time estimated for trial;

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6.

Whether either party still requests trial by jury;

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7.

Whether the parties believe participation in mediation or settlement

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conference would be beneficial to resolving this matter; and
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Any other matter, not covered above, which the party desires to call to the

attention of the court.
The parties are warned that failure to file a status report which addresses the

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issues set forth above may result in the imposition of appropriate sanctions, including dismissal

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of the action or preclusion of issues or witnesses. See Local Rule 110. Once the court receives

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full status reports, a new scheduling order will issue setting the necessary pre-trial and trial dates.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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date of service of this order; and

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2.

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Plaintiff’s status report shall be filed and served within 30 days from the

Defendants’ status report shall be filed within 14 days after service of

plaintiff’s status report.

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DATED: October 15, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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