Dennis v. Kerman et al

Filing 100

ORDER signed by Magistrate Judge Allison Claire on 4/21/2021 GRANTING defendants' 99 request to opt out of the Post-Screening ADR Project. This case remains STAYED pending final resolution of plaintiff's interlocutory appeal. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW DENNIS,

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No. 2:16-cv-0542 JAM AC P

Plaintiff,
v.

ORDER

SCOTT KERNAN, et al.,

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Defendants.

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This case is currently stayed pending resolution of plaintiff’s interlocutory appeal. ECF

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No. 87. On January 28, 2021, the Ninth Circuit affirmed the order denying plaintiff’s motion for

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preliminary injunctive relief, ECF No. 96, and plaintiff subsequently filed a motion for a Rule 16

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pretrial conference, ECF No. 97, which was denied, ECF No. 98. The court then ordered

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defendants to advise whether they were still seeking to opt out of the Post-Screening Alternative

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Dispute Resolution (ADR) Project. Id. In response to that order, defendants have filed a renewed

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request to opt out of the Post-Screening ADR Project and request that the case remain stayed

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because the appeal is not finally resolved because plaintiff filed a petition for rehearing of his

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appeal that has not yet been addressed by the Ninth Circuit. ECF No. 99.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ request to opt out of the Post-Screening ADR Project, ECF No. 99, is

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GRANTED.
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2. This case remains stayed pending final resolution of plaintiff’s interlocutory appeal.
DATED: April 21, 2021

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