Candler v. Stewart et al

Filing 113

STIPULATION and ORDER REGARDING UNDISPUTED FACTS signed by District Judge Daniel J. Calabretta on 10/4/2023. (Mena-Sanchez, L)

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ROB BONTA, State Bar No. 202668
Attorney General of California
TYLER V. HEATH, State Bar No. 271478
Supervising Deputy Attorney General
CHRISTIAN M. GEORGELY, State Bar No. 322952
MARTHA EHLENBACH, State Bar No. 291582
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Lebeck and Huynh
IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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KEITH CANDLER,

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v.

2:17-cv-02436 DJC CKD (PC)
Plaintiff, STIPULATION AND ORDER
REGARDING UNDISPUTED FACTS
Courtroom:
Judge:
Trial Date:
Action Filed:

J. LEBECK, et al.,
Defendants.

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The Hon. Daniel J. Calabretta
October 23, 2023
November 20, 2017

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INTRODUCTION

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This case is set for trial on October 23, 2023, at the U.S. District Court in Sacramento.

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(Pretrial Order, ECF No. 95 at 1.) Having met and conferred, the parties hereby submit a

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proposed stipulation regarding certain facts that will be undisputed at trial.

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Stipulation and Order Regarding Undisputed Facts (2:17-cv-02436 DJC CKD (PC))

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STIPULATION
Plaintiff Candler and Defendants Lebeck and Huynh hereby agree that the following facts
are undisputed for the purposes of trial:

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1.

Plaintiff Keith Candler is a convicted felon.

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2.

At all relevant times, Candler was a California state prisoner in the custody of the

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California Department of Corrections and Rehabilitation (CDCR).

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3.

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Sacramento.

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4.

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At the time of the events at issue, Candler was incarcerated at California State Prison,

At the time of the events at issue, Defendant Huynh was employed as a Correctional

Officer at California State Prison, Sacramento.
5.

At the time of the events at issue, Defendant Lebeck was employed as a Correctional

Officer at California State Prison, Sacramento.
6.

On June 10, 2016, Plaintiff Candler and inmate Randall fought on the prison yard on

Facility B at California State Prison, Sacramento.
7.

On June 10, 2016, non-party prison staff deployed pepper spray to stop the fight

between Candler and inmate Randall.
8.

Officers Lebeck and Huynh did not deploy pepper spray on or towards Candler or

inmate Randall on June 10, 2016.
It is so stipulated.

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Dated:
Keith Candler (K-25679)
Plaintiff Pro Se

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Dated:

10/03/2023

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/s/ Martha Ehlenbach
Martha Ehlenbach
Deputy Attorney General
California Attorney General’s Office
Attorneys for Defendants Lebeck and Huynh

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SA2018101765 / 37484184.docx

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Stipulation and Order Regarding Undisputed Facts (2:17-cv-02436 DJC CKD (PC))

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ORDER
Based on the parties’ stipulation and good cause appearing, the Court accepts the parties’
stipulation regarding undisputed facts.
IT IS SO ORDERED.

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Dated: October 4, 2023

/s/ Daniel J. Calabretta
THE HONORABLE DANIEL J. CALABRETTA
UNITED STATES DISTRICT JUDGE

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Stipulation and Order Regarding Undisputed Facts (2:17-cv-02436 DJC CKD (PC))