Baker v. Macomber et al

Filing 105

ORDER signed by Magistrate Judge Allison Claire on 10/19/18 ORDERING ( Final Pretrial Conference set for 3/21/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley., Jury Trial set for 5/20/2019 at 09:00 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley.) On or before December 21, 2018, the parties shall file a joint pretrial statement that fully addresses each of the matters set forth in Local Rule 281(b); no exhibits shall be submitted at this time.(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY RAY BAKER,

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Plaintiff,

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v.

No. 2:15-cv-0248 TLN AC P

ORDER

J. MACOMBER, et al.,

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Defendants.

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Plaintiff Timothy Ray Baker is a state prisoner proceeding to trial with appointed counsel

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is this civil rights action against sole defendant Correctional Officer J. McCowan. This action

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proceeds on Eighth Amendment claims that defendant used excessive force against plaintiff and

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was deliberately indifferent to plaintiff’s serious medical needs. See ECF Nos. 88, 85.
The undersigned has reviewed the parties’ Joint Trial Scheduling Statement, ECF No.

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103, and conferred with the assigned district judge, the Honorable Troy L. Nunley. The parties

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estimate that the trial will run for three days, and have provided their respective blackout dates.

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Subject to these considerations, the earliest date to commence trial is Monday, May 20, 2019.

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Accordingly, trial will be set for that date, and a Final Pretrial Conference will be set for

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Thursday, March 21, 2019.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Trial in this action shall commence before District Judge Nunley, in Courtroom No. 2,

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on Monday, May 20, 2019, at 9:00 a.m. The parties estimate that trial will proceed for a period

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of three days.

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2. The Final Pretrial Conference shall be held before District Judge Nunley, in Courtroom
No. 2, on Thursday, March 21, 2019, at 2:00 p.m.
3. On or before December 21, 2018, the parties shall file a joint pretrial statement that

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fully addresses each of the matters set forth in Local Rule 281(b); no exhibits shall be submitted

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at this time.

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IT IS SO ORDERED.
DATED: October 19, 2018

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