Cleveland v. Janssen Pharmaceuticals
Filing
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ORDER signed by Magistrate Judge Allison Claire on 1/8/2018 GRANTING 31 Motion to Appoint Counsel ; GRANTING 33 Motion for a Settlement Conference ; VACATING 34 Motion to Oppose Discovery ; and VACATING 35 Motion to Compel Discovery. This case is REFERRED to the courts Pro Bono Coordinator. CC'd VDRP Coordinator. (Hunt, G)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DOMINGO L. CLEVELAND, SR,
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No. 2:16-cv-02308-MCE-AC
Plaintiff,
v.
ORDER
JANSSEN PHARMACEUTICALS,
Defendant.
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Plaintiff is a state prisoner proceeding pro se and in forma pauperis. Plaintiff seeks relief
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against Janssen Pharmaceuticals for physical and mental harm he alleges he sustained after taking
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one of their drugs. Upon review of plaintiff’s most recent motion for appointment of counsel and
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the documents on file, and good cause appearing, the court finds as follows:
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1. Efforts to obtain legal representation without order of this court would be futile for the
following reasons:
a. Plaintiff’s income is below the current poverty threshold established by the Office
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of Management and Budget of the United States and he is otherwise without
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resources to obtain counsel;
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b. This case is of a type that attorneys in this district ordinarily do not accept without
prepayment of a fee; and
c. This case is not a fee generating case within the meaning of California Business
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and Professions Code § 8030.4(e).
2. This case has sufficient merit to warrant appointment for the limited purpose of
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representing plaintiff in a settlement conference.
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Therefore, THIS COURT ORDERS AS FOLLOWS:
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1. Plaintiff’s motion for the appointment of counsel (ECF No. 31) and motion for a
settlement conference (ECF No. 33) are granted;
2. Plaintiff’s motions to oppose discovery and motions to compel discovery (ECF Nos. 34
and 35) are VACATED without decision and without prejudice as premature;
3. This case is referred to the court’s Pro Bono Coordinator, Sujean Park, to locate counsel
willing to represent plaintiff in this case for purposes of settlement only; and
4. After counsel is appointed, within fourteen days of counsel appearing on behalf of
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plaintiff, the parties shall each file a signed Notice Regarding Waiver of Disqualification
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(“Waiver Form”), indicating whether they will agree to the undersigned serving as the
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settlement judge. Failure of either party to file a waiver will result in this case being
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randomly assigned to another magistrate judge for purposes of conducting a settlement
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conference; and
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5. Following receipt of each party’s signed Waiver Form, the court will schedule a
settlement conference.
Dated: January 8, 2018
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