Adams v. Easley et al

Filing 101

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/26/2012 ORDERING 58 No later than 2/9/2012, defense counsel for the parties moving for sanctions shall submit a supplemental declaration regarding any additional fees which have been incurred subsequent to the filing of the motion for sanctions and detailed billing reflecting time spent on various tasks; defendants shall also submit declarations from other public entity defense attorneys supporting the claimed hourly rates. No later than 2/16/2012, plaintiff may file a 5 page document responding to the supplemental declarations. The motion for sanctions will thereafter stand submitted. The court will issue F & R's on the motions to dismiss in conjunction with the F & R's t o be issued on the motion for sanctions. Plaintiffs motion to stay # 91 is DENIED; Plaintiff has requested the undersigned recuse herself from this action. The court finds that recusal is not warranted under any of the provisions of 28:455. The order # 87 limiting plaintiffs pleadings is modified. In addition to the pleadings allowed in that order, due to the death of defendant Trefcer, plaintiff may file a motion to substitute under FRCP 25. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TYRONE ADAMS,

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Plaintiff,

No. CIV S-11-0826 GEB CKD PS

vs.
CHARLES EASLEY, et al.,

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ORDER

Defendants.

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/

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Defendants’ motions to dismiss and motion for sanctions came on regularly for

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hearing January 25, 2012. Plaintiff Tyrone Adams, who is proceeding pro se, appeared on his

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own behalf. Derek Haynes appeared on behalf of defendants Sutter County, Boyer, Cagle,

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Bagley (“Sutter” defendants). Matthew Day appeared on behalf of the defendants moving to

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dismiss (“Easley” defendants). Plaintiff submitted additional documents at the hearing. Upon

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review of the documents in support and opposition, upon hearing the arguments of plaintiff and

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counsel, and good cause appearing therefor, THE COURT FINDS AND ORDERS AS

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FOLLOWS:

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1. No later than February 9, 2012, defense counsel for the parties moving for

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sanctions shall submit a supplemental declaration regarding any additional fees which have been

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incurred subsequent to the filing of the motion for sanctions and detailed billing reflecting time

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spent on various tasks; defendants shall also submit declarations from other public entity defense

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attorneys supporting the claimed hourly rates.

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2. No later than February 16, 2012, plaintiff may file a five page document

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responding to the supplemental declarations. The motion for sanctions will thereafter stand

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submitted.

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3. The court will issue findings and recommendations on the motions to dismiss

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in conjunction with the findings and recommendations to be issued on the motion for sanctions.

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4. Plaintiff’s motion to stay (dkt. no. 91) is denied.

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5. Plaintiff has requested the undersigned recuse herself from this action. The

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court finds that recusal is not warranted under any of the provisions of 28 U.S.C. § 455.

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6. The January 4, 2012 order limiting plaintiff’s pleadings is modified. In

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addition to the pleadings allowed in that order, due to the death of defendant Trefcer, plaintiff

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may file a motion to substitute under Federal Rule of Civil Procedure 25.

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Dated: January 26, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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