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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL A. MENDOZA,

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No. 2:13-cv-02366 AC P

Plaintiff,
v.
ORDER APPOINTING COUNSEL
NEAL P. SWANN, D.D.S.,
Defendant.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. Plaintiff is incarcerated at Salinas Valley State Prison

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in Soledad, California. This action proceeds against sole defendant Neal P. Swann, D.D.S., on

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plaintiff’s Eighth Amendment claim that defendant was deliberately indifferent to plaintiff’s

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serious medical needs when plaintiff was previously incarcerated at Mule Creek State Prison.

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This action currently proceeds on plaintiff’s Second Amended Complaint, ECF No. 30, which

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defendant timely answered, ECF No. 34. The parties have consented to the jurisdiction of the

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undersigned magistrate judge for all purposes.

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On April 1, 2015, plaintiff filed a motion which the court construed as a renewed motion

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for appointment of counsel. The court found that appointment was warranted and granted

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plaintiff’s motion. ECF No. 44. The deadlines for discovery and for filing dispositive motions

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were vacated pending further order of this court, and discovery was stayed. Id. at 4.
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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:

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1. Kenneth K. Lee is appointed as counsel in the above-entitled matter.

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2. Appointed counsel shall notify Sujean Park at [phone], or via email at

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[e-mail] if he has any questions related to the appointment.

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3. The Clerk of the Court is directed to serve a copy of this order upon Kenneth K. Lee,

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Jenner & Block LLP, 633 West 5th Street, Ste. 3600, Los Angeles, California 90071.

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4. Within forty-five days after the filing date of this order, counsel for both parties shall file a

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joint statement that sets forth the following information:

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a. Whether plaintiff intends to request leave to file a Third Amended Complaint.

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b. The estimated length of time required by each party to conclude discovery.

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c. Whether an early settlement conference could be mutually beneficial.

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d. Any other matters that the parties believe is material at this time.

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SO ORDERED.

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DATED: April 20, 2015

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