McCain v. California Highway Patrol et al

Filing 180

ORDER signed by Magistrate Judge Allison Claire on 11/20/2014 VACATING 179 Findings and Recommendations; SETTING a Status Conference for 1/7/2015 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire; ORDERING all parties to file updated status reports fourteen (14) days prior to the status conference; DIRECTING the Clerk of Court to amend the docket to reflect the plaintiff's contact information as contained in 2:12-CR-00144 TLN, USA v. McCain; DIRECTING the Clerk of Court to serve the plaintiff with this order at her physical address in Stockton, California and at the Sacramento County Main Jail in Sacramento, California. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERRYLYN McCAIN,

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No. 2:11-cv-01265 KJM AC PS

Plaintiff,
v.

ORDER

CALIFORNIA HIGHWAY PATROL, ET
AL.,
Defendants.

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The court issued findings and recommendations on June 25, 2014, recommending this

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action be stayed pending the Honorable Troy L. Nunley’s ruling on plaintiff’s competency in a

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pending criminal matter. ECF No. 179; See USA v. McCain, 2:12–cr–00144–TLN. On October

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23, 2014, Judge Nunley found plaintiff competent to proceed with trial in the criminal matter.

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USA v. McCain, ECF No. 152. Accordingly, IT IS HEREBY ORDERED that the findings and

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recommendations filed on June 25, 2014 are vacated.

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IT IS FURTHER ORDERED that a status conference is set for January 7, 2015 at 10:00

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a.m. in Courtroom No. 26 before the undersigned. The parties shall file updated status reports no

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later than fourteen (14) days before the conference apprising the court of the status of this case.

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The parties are specifically directed to address the need for future proceedings, including setting

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appropriate cut-off dates for discovery and law and motion, and the scheduling of a pretrial
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conference and trial, and whether a settlement conference should be scheduled. The parties may

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also address any other matters that may add to the just and expeditious disposition of this matter.

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The Clerk of the Court is directed to amend the docket to reflect plaintiff’s contact

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information as contained in plaintiff’s criminal matter, USA v. McCain, 2:12–cr–00144–TLN,

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which includes her address for service only at the Sacramento Main Jail. The Clerk of the Court

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is further directed to serve plaintiff with a copy of this order at both her physical address in

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Stockton, California and at the Sacramento Main Jail in Sacramento, California.

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IT IS SO ORDERED.

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DATED: November 20, 2014

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