Brandon v. Williams, et al.

Filing 160

ORDER signed by Magistrate Judge Dennis M. Cota on 3/1/2023 ORDERING that The parties' 154 , 159 Motions for continuance of the trial date, are GRANTED; The 4/24/2023, trial date set before the District Judge is VACATED; Defendants' 151 Motion for late disclosure of expert witnesses, isDENIED as unnecessary; Plaintiff's 148 renewed Motion for attendance of incarcerated witnesses, is DENIED without prejudice; Plaintiff's 153 Motion for appointment of trial counsel, is DENIED without prejudice; and This matter is REFERRED to the Court's Alternative Dispute Resolution coordinate and stayed for 120 days. (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAIAN BRANDON,

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Plaintiff,

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No. 2:14-CV-2883-TLN-DMC-P

v.

ORDER

L. WILLIAMS, et al.,

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Defendants.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to

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42 U.S.C. § 1983. Trial is set to commence before the District Judge on April 24, 2023, at 9:00

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a.m., in Sacramento, California.
Pending before the Court are the following motions:

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ECF No. 148 Plaintiff’s renewed motion for the attendance of
incarcerated witnesses.

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ECF No. 151 Defendants’ motion to allow late disclosure of expert
witnesses.

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ECF No. 153 Plaintiff’s motion to appoint trial counsel.

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ECF No. 154 Plaintiff’s motion to postpone trial.

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ECF No. 159 Defendants’ motion to continue trial.

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Beginning with the issue upon which the parties agree – commencement of a jury

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trial in April – the Court first addresses the parties’ motions to continue the trial date. Good cause

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appearing therefor based on the parties’ mutual agreement that a settlement conference could be

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productive, these motions will be granted and the current trial date will be vacated.

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Because the trial date will be vacated, Defendants’ motion for late disclosure of

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expert witnesses will be denied as unnecessary. Absent a trial date to trigger the expert witness

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disclosure deadline provided under the Federal Rules of Civil Procedure, there is no need to seek

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leave for late disclosure.

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Likewise, because an order allowing testimony from incarcerated witnesses

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requires a showing of a current willingness to testify, Plaintiff’s renewed motion for attendance of

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incarcerated witnesses will be denied without prejudice to renewal if a trial date is re-set. In this

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regard, the parties are encouraged to meet and confer to the extent possible on agreed incarcerated

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witnesses, if any.
Finally, the Court addresses Plaintiff’s motion or appointment of trial counsel.

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Because the trial date will be vacated to allow the parties to pursue settlement negotiations,

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Plaintiff’s motions for appointment of trial counsel will also be denied without prejudice to

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renewal if a trial date is ultimately set in this case.
The Court will hereby refer the matter to the Court’s Alternative Dispute

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Resolution coordinator to arrange a settlement conference before a different Magistrate Judge.

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Pending completion of this process, other proceedings in this case will be stayed for 120 days.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The parties’ motions for continuance of the trial date, ECF Nos. 154, 159,

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2.

The April 24, 2023, trial date set before the District Judge is vacated;

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3.

Defendants’ motion for late disclosure of expert witnesses, ECF No. 151, is

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are granted;

denied as unnecessary;
4.

Plaintiff’s renewed motion for attendance of incarcerated witnesses, ECF

No. 148, is denied without prejudice;
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5.

Plaintiff’s motion for appointment of trial counsel, ECF No. 153, is denied

without prejudice; and
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This matter is referred to the Court’s Alternative Dispute Resolution

coordinate and stayed for 120 days.

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Dated: March 1, 2023

____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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