Medina v. Dickinson et al

Filing 43

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/17/11 denying 40 Motion for a continuance of plaintiff's deposition. Defendants are to inform the court within 7 days of their position with regard to plaintiff's pending request filed on 10/12/11 41 for this case to be set for a settlement conference. (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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RENE MEDINA,
Plaintiff,

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No. CIV S-10-0502 LKK GGH P

vs.
KATHLEEN DICKINSON, et al.,
Defendants.

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ORDER
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By order filed on October 14, 2011, plaintiff’s September 14, 2011, motion for

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appointment of counsel was denied. Subsequent to the filing of his request for a “re-appointment

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of counsel” but prior to the issuance of this court’s denial, plaintiff filed a motion to continue his

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deposition, apparently noticed for October 14, 2011, pending the court’s ruling on the request for

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counsel.
There was and is no adequate basis for the court to consider a continuance of the

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deposition. In the August 25, 2011, order granting plaintiff’s counsel’s motion to withdraw,1 the

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court was clear that plaintiff would have to continue in this action pro se. Moreover, the court’s

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Discovery and Scheduling Order, filed on June 2, 2011, has long set the discovery cut-off date as

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October 14, 2011. The request for continuance of plaintiff’s deposition will be denied nunc pro

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Pro bono counsel had been appointed for plaintiff based on both plaintiff’s request and the
particular counsel’s specific request for such appointment. See Order, filed on August 25, 2011.
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tunc.
Plaintiff has also filed a motion for his case to be referred to the “prisoner pro se

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settlement program.” Docket # 41. The undersigned will direct a response from defendants as to

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whether they would be amenable to the setting of a settlement conference in this matter at this

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time.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s October 7, 2011 (docket # 40) motion for a continuance of

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plaintiff’s deposition is denied nunc pro tunc; and
2. Defendants are to inform the court, within seven (7) days, of their position with

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regard to plaintiff’s pending request, filed on October 12, 2011 (docket # 41), for this case to be

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set for a settlement conference.

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DATED: October 17, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:009

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medi0502.ord2

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