Mendoza v. C.D.C.R., et al.

Filing 45

ORDER APPOINTING COUNSEL signed by Magistrate Judge Allison Claire on 04/20/15 ORDERING that Attorney Kenneth Kiyul Lee is APPOINTED as counsel for Daniel A. Mendoza. Joint statement is due within 45 days. (Benson, A)

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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 DANIEL A. MENDOZA, 12 13 14 15 No. 2:13-cv-02366 AC P Plaintiff, v. ORDER APPOINTING COUNSEL NEAL P. SWANN, D.D.S., Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights 18 action filed pursuant to 42 U.S.C. § 1983. Plaintiff is incarcerated at Salinas Valley State Prison 19 in Soledad, California. This action proceeds against sole defendant Neal P. Swann, D.D.S., on 20 plaintiff’s Eighth Amendment claim that defendant was deliberately indifferent to plaintiff’s 21 serious medical needs when plaintiff was previously incarcerated at Mule Creek State Prison. 22 This action currently proceeds on plaintiff’s Second Amended Complaint, ECF No. 30, which 23 defendant timely answered, ECF No. 34. The parties have consented to the jurisdiction of the 24 undersigned magistrate judge for all purposes. 25 On April 1, 2015, plaintiff filed a motion which the court construed as a renewed motion 26 for appointment of counsel. The court found that appointment was warranted and granted 27 plaintiff’s motion. ECF No. 44. The deadlines for discovery and for filing dispositive motions 28 were vacated pending further order of this court, and discovery was stayed. Id. at 4. 1 1 2 3 4 Kenneth K. Lee has now been selected from the court’s pro bono attorney panel to represent plaintiff and he has agreed to be appointed. Accordingly, IT IS HEREBY ORDERED that: 5 1. Kenneth K. Lee is appointed as counsel in the above-entitled matter. 6 2. Appointed counsel shall notify Sujean Park at (916) 930-4278, or via email at 7 if he has any questions related to the appointment. 8 3. The Clerk of the Court is directed to serve a copy of this order upon Kenneth K. Lee, 9 Jenner & Block LLP, 633 West 5th Street, Ste. 3600, Los Angeles, California 90071. 10 4. Within forty-five days after the filing date of this order, counsel for both parties shall file a 11 joint statement that sets forth the following information: 12 a. Whether plaintiff intends to request leave to file a Third Amended Complaint. 13 b. The estimated length of time required by each party to conclude discovery. 14 c. Whether an early settlement conference could be mutually beneficial. 15 d. Any other matters that the parties believe is material at this time. 16 SO ORDERED. 17 DATED: April 20, 2015 18 19 20 21 22 23 24 25 26 27 28 2

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