Thaut et al v. Hsieh, et al

Filing 28

ORDER signed by Magistrate Judge Kendall J. Newman on 7/6/2015 ORDERING that Plaintiffs' 27 request to submit defendants' motions to dismiss on the briefing is DENIED. Plaintiffs' 27 request to appear telephonically at the hearin g on defendants' motions to dismiss set for 7/16/2015, at 10:00 a.m. is GRANTED. Plaintiffs are informed that each of them shall call the undersigned's courtroom deputy at [phone] by no later than 10:00 a.m. on 7/16/2015, in order to make their appearances and begin the hearing. Plaintiffs' request to appear telephonically at the initial scheduling conference set for 8/6/2015, at 10:00 a.m., is DENIED without prejudice to later renewal. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KATHRYN THAUT et al.,

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No. 2:15-cv-0590-JAM-KJN PS

Plaintiffs,

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ORDER

v.
K. HSIEH, et al.,

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Defendants.

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On July 1, 2015, plaintiffs filed a request for an order either submitting defendants’ two

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pending motions to dismiss on the briefs submitted by the parties or granting plaintiffs the ability

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to appear telephonically at the July 16, 2015 hearing on defendants’ motions to dismiss. (ECF

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No. 27.) With regard to the request to appear telephonically, plaintiffs request that the court

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permit plaintiff David Edwards be allowed to appear telephonically from California State Prison –

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Solano “to speak for the other plaintiffs in this case.” (Id. at 2.) Plaintiffs further request that

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David Edwards also be permitted to appear telephonically on plaintiffs’ behalf at the initial

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scheduling conference, which is currently scheduled for August 6, 2015, at 10:00 a.m. (Id.)

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Based on a review of the parties’ briefing regarding defendants’ motions to dismiss that

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has been filed thus far, the court finds that oral argument will likely materially aid in the

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disposition of defendants’ motions. Accordingly, plaintiffs’ request that the court submit

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defendants’ motions on the parties’ briefs is denied. If the court believes that oral argument
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would not materially aid in deciding defendants’ motions after the briefing on this matter has

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been completed, the court will submit this matter on the briefs sua sponte via minute order.
Plaintiffs’ request to appear telephonically at the July 16, 2015 hearing on defendants’

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motions to dismiss, however, is with merit given plaintiffs’ distance from the court’s location and

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David Edwards’ incarceration. However, plaintiffs’ request that only David Edwards appear on

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behalf of all plaintiffs will not be granted. Because David Edwards is not an attorney, he may not

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appear on behalf of the other plaintiffs in this action. See C.E. Pope Equity Trust v. United

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States, 818 F.2d 696, 697 (9th Cir. 1987). As with the other plaintiffs, he may appear in this

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action only on his own behalf. Accordingly, the court grants plaintiffs’ request to appear

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telephonically at the July 16, 2015 hearing, but informs them that each individual plaintiff must

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make a telephonic appearance at the hearing on his or her own behalf. Plaintiffs are directed

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to call the undersigned’s courtroom deputy at [phone] by no later than 10:00 a.m. on

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July 16, 2015, in order to make their appearances and begin the hearing. Furthermore,

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plaintiff David Edwards is informed that he shall make arrangements with the staff at

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California State Prison – Solano to ensure that he is able to call in to the court by no later than

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10:00 a.m. on the date of the hearing.
With respect to plaintiffs’ request to make a telephonic appearance at the August 6, 2015

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initial scheduling conference, the court will deny this request at this time without prejudice. If

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plaintiffs still wish to appear telephonically at this conference after the July 16, 2015 hearing on

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defendants’ motions to dismiss, they may file a separate request.

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Based on the foregoing, IT IS HEREBY ORDERED that:

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Plaintiffs’ request to submit defendants’ motions to dismiss on the briefing is

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Plaintiffs’ request to appear telephonically at the hearing on defendants’ motions

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denied.

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to dismiss set for July 16, 2015, at 10:00 a.m. (ECF No. 27) is granted. Plaintiffs are informed

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that each of them shall call the undersigned’s courtroom deputy at [phone] by no later

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than 10:00 a.m. on July 16, 2015, in order to make their appearances and begin the hearing.

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Plaintiffs’ request to appear telephonically at the initial scheduling conference set

for August 6, 2015, at 10:00 a.m., is denied without prejudice to later renewal.
IT IS SO ORDERED.
Dated: July 6, 2015

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