Jones v. Kuppinger et al

Filing 120

ORDER signed by Magistrate Judge Allison Claire on 1/22/18 ORDERING that on Wednesday, February 28, 2018, the parties shall file and serve separate statements that inform the court of the following: The anticipated length of trial; and any dates through 2018 when any party may not be available for pretrial or trial proceedings. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HENRY A. JONES, 12 13 14 15 No. 2:13-cv-0451 WBS AC P Plaintiff, v. ORDER P. KUPPINGER, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se with this civil rights action filed pursuant to 18 42 U.S.C. § 1983. This action proceeds on plaintiff’s Second Amended Complaint (SAC), ECF 19 No. 30, against defendant correctional officers Kuppinger and Moore, on the following Eighth 20 Amendment claims: against defendant Kuppinger on plaintiff’s excessive force claim, and against 21 defendant Moore on plaintiff’s failure to protect claim. See Findings and Recommendations filed 22 Sept. 6, 2017, ECF No. 11, and Order Adopting Findings and Recommendations filed October 23 20, 2017, ECF No. 113 (granting in part defendants’ motion for summary judgment). 24 25 26 27 28 On January 9, 2018, the parties participated in a mediation conference but the case did not settle. See ECF No. 119. To facilitate the scheduling of this case for pretrial and trial proceedings, it is necessary that the parties inform the court of certain matters. Accordingly, IT IS HEREBY ORDERED that, on or before Wednesday, February 28, 1 1 2018, the parties shall file and serve separate statements that inform the court of the following: 2 1. The anticipated length of trial; and 3 2. Any dates through 2018 when any party may not be available for pretrial or trial 4 proceedings. 5 Upon review of the parties’ respective statements, the court will issue an order that further 6 schedules this action, including deadlines for filing pretrial statements that address the matters set 7 forth in Local Rule 281(b). 8 9 SO ORDERED. DATED: January 22, 2018 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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