Manning, et al., v. CDCR, et al.,

Filing 79

ORDER signed by Magistrate Judge Allison Claire on 11/19/13 ordering ( Status Conference set for 12/18/2013 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire.) The parties are required to submit to the court a joint status report 7 days prior to the status conference. (See order for further details). (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHERMAN D. MANNING,

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Plaintiff,

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No. 2:12-cv-2440 MCE AC P

v.

ORDER SETTING STATUS CONFERENCE

M. BUNNELL, et al.,

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Defendants.

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Plaintiff, a state prisoner proceeding with retained counsel, seeks relief pursuant to 42

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U.S.C. § 1983. By Order filed on August 5, 2013 (ECF No. 71), claims one, three, four and five

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of the first amended complaint were dismissed with prejudice. Plaintiff Manning and his former

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co-plaintiff, Peter Andrist (Manning’s publisher), were granted leave to amend claim two in a

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second amended complaint. The second amended complaint names only Manning as a plaintiff,

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and indicates that Andrist has elected not to proceed with the second amended complaint. ECF

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No. 74 at 1 & n. 1. It appears therefore, pursuant to Fed. R. Civ. P. 41(a)(1), by way of the

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second amended complaint, that counsel for plaintiff Andrist served notice of Mr. Andrist’s

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voluntary dismissal from this action. Therefore, only plaintiff Manning proceeds in this action.

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Answers from the defendants have now been filed. ECF Nos. 75, 78.

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Accordingly, IT IS HEREBY ORDERED that:

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1. A Status Conference is set for December 18, 2013, at 10:00 a.m. in Courtroom # 26

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before the undersigned.

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2. The parties are required to submit to the court a joint status report seven days prior to
the status conference briefly setting out their views on the following matters:

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a. Anticipated motions and their scheduling;

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b. The status and scheduling of discovery, including matters within the scope of the

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discovery plan contemplated by Fed. R. Civ. P. 26;

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c. Future proceedings, including setting appropriate cut-off dates for discovery and
law and motion, and the scheduling of a pretrial conference and trial;

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d. Estimated trial time;

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e. Modification of standard pretrial procedures specified by the rules due to the

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simplicity or complexity of the proceedings;

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f. Whether a settlement conference should be scheduled;

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g. Whether counsel will stipulate to the magistrate judge assigned to this matter

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acting as settlement judge and waiving disqualification by virtue of her so acting,

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or whether they prefer to have a settlement conference before another judge;

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h. Any other matter that may add to the just and expeditious disposition of this
matter;
3. Counsel are reminded of their continuing duty to notify chambers immediately of any

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settlement or other disposition (see Local Rule 160).

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DATED: November 19, 2013

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