Benjamin Tabayoyong Caridad v. Harry Oreol, et al

Filing 128

ORDER signed by Magistrate Judge Allison Claire on 10/23/18 ORDERING petitioners status report filed October 22, 2018, 127 , is construed as a motion to compel discovery; the Clerk of Court is directed to so designate the matter on the docket. Mr. Rosenfeld is directed to file and serve a response to petitioners motion within 14 days after the filing date of this order; ideally, this response would demonstrate full compliance with the courts subject orders including a supporting declaration by Mr. Rosenfeld, previously due by October 17, 2018. Petitioner shall, within 7 days after service of Mr. Rosenfelds response, file and serve a reply. Counsel for respondent is requested, but not required, to file a response to these matters within 21 days after the filing date of this order.(Plummer, M) Modified on 10/24/2018 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BENJAMIN T. CARIDAD,

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Petitioner,

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No. 2:14-cv-1847 KJM AC P

v.

ORDER

NORM KRAMER,
Acting Executive Director,
Napa State Hospital,

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Respondent.

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Petitioner’s counsel has filed a status report asserting that third party Kenneth Rosenfeld

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has failed to fully abide by this court’s discovery orders filed September 20, 2018 and October

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12, 2018, and that neither Mr. Rosenfeld nor his counsel, Neal Sawyer, have responded to

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petitioner’s email inquiries. Petitioner also asserts that additional discovery is needed based on

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indications that Mr. Rosenfeld may be currently billing the Sacramento County Conflict Criminal

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Defenders Panel for services to petitioner that are instead self-serving. The court construes the

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status report as a motion to compel discovery, and sets the following briefing schedule.

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Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner’s status report filed October 22, 2018, ECF No. 127, is construed as a

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motion to compel discovery; the Clerk of Court is directed to so designate the matter on the

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docket.
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2. Petitioner’s motion seeks: (a) Mr. Rosenfeld’s full compliance with this court’s

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discovery orders filed September 20, 2018 and October 12, 2018, see ECF Nos. 123-4, 126; and

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(b) additional discovery of Mr. Rosenfeld’s legal and billing records reflecting his representation

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of petitioner for the period July 1, 2017 to the present.1

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3. Mr. Rosenfeld is directed to file and serve a response to petitioner’s motion within

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fourteen (14) days after the filing date of this order; ideally, this response would demonstrate full

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compliance with the court’s subject orders including a supporting declaration by Mr. Rosenfeld,

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previously due by October 17, 2018.

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4. Petitioner shall, within seven (7) days after service of Mr. Rosenfeld’s response, file
and serve a reply.

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5. Counsel for respondent is requested, but not required, to file a response to these matters
within twenty-one (21) days after the filing date of this order.

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6. Upon conclusion of briefing, the motion will be submitted on the papers unless the
court orders otherwise.

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IT IS SO ORDERED.
DATED: October 23, 2018

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Existing discovery orders compel disclosure of Mr. Rosenfeld’s records through June 30, 2017.
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