Shepherd v. California Forensic Medical Group et al

Filing 69

ORDER signed by Magistrate Judge Kendall J. Newman on 04/06/18 ORDERING first, counsel has been appointed, and discovery re-opened for limited purposes. 67 Once plaintiffs counsel has reviewed defendants written discovery responses, plaintiffs cou nsel shall confer with opposing counsel and advise the court whether a settlement conference should be scheduled before the undersigned. Because the discovery has not yet been propounded, the court cannot set a deadline for such notice, but if both c ounsel agree a settlement conference would be appropriate, the court asks counsel to notify his courtroom deputy, Alexandra Waldrop, [phone], as soon as possible, for scheduling purposes. Second, in plaintiffs counsels recent ex parte applicat ion, counsel reiterated the myriad difficulties counsel has had attempting to communicate with plaintiff. 65 Despite writing to plaintiff and offering him various dates and times he could call his counsel collect, plaintiffs counsel did not receive plaintiffs phone call. Plaintiff is reminded that he asked the court to appoint counsel, and counsel was appointed; therefore, it is incumbent upon plaintiff to communicate with his counsel. If plaintiff is only able to call counsel at certain times or on certain days, he should communicate such scheduling issues to counsel as soon as possible.(Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

CAMERON SHEPARD,

12
13
14
15
16

No. 2:15-cv-1894 WBS KJN P

Plaintiff,
v.

ORDER

CALIFORNIA FORENSIC MEDICAL
GROUP, INC., et al.,

Jury Trial: 6/26/2018 9:00 a.m. WBS

Defendants.

17
18

Plaintiff is a state prisoner, proceeding through counsel. This order addresses two issues.

19

First, counsel has been appointed, and discovery re-opened for limited purposes. (ECF

20

No. 67.) Once plaintiff’s counsel has reviewed defendants’ written discovery responses,

21

plaintiff’s counsel shall confer with opposing counsel and advise the court whether a settlement

22

conference should be scheduled before the undersigned. Because the discovery has not yet been

23

propounded, the court cannot set a deadline for such notice, but if both counsel agree a settlement

24

conference would be appropriate, the court asks counsel to notify his courtroom deputy,

25

Alexandra Waldrop, [phone], as soon as possible, for scheduling purposes.

26

Second, in plaintiff’s counsel’s recent ex parte application, counsel reiterated the myriad

27

difficulties counsel has had attempting to communicate with plaintiff. (ECF No. 65.) Despite

28

writing to plaintiff and offering him various dates and times he could call his counsel collect,
1

1

plaintiff’s counsel did not receive plaintiff’s phone call. Plaintiff is reminded that he asked the

2

court to appoint counsel, and counsel was appointed; therefore, it is incumbent upon plaintiff to

3

communicate with his counsel. If plaintiff is only able to call counsel at certain times or on

4

certain days, he should communicate such scheduling issues to counsel as soon as possible.

5
6

IT IS SO ORDERED.
Dated: April 6, 2018

7
8
9
10

/shep1894.set

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2