(PC) Faultry v. Saechao et al

Filing 51

ORDER signed by Magistrate Judge Allison Claire on 1/5/2021 ORDERING Plaintiff to separately file his portion of the joint pretrial statement within 14 days of the filing of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES B. FAULTRY,

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Plaintiff,

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v.

No. 2:18-cv-1850 KJM AC P

ORDER

J. SAECHAO, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42

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U.S.C. § 1983. By order filed October 6, 2020, the parties were ordered to prepare a joint pretrial

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statement that defendant’s counsel was to file on or before November 20, 2020. ECF No. 42.

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Defendant requested and was granted an extension of the deadline to December 30, 2020. ECF

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No. 48. Counsel for defendant has now filed the statement, which lacks input from plaintiff, and

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explains that plaintiff’s positions are missing because counsel has yet to receive plaintiff’s input

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on the joint statement. ECF No. 50-1 at 2. Counsel further explains that the joint statement was

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filed after the deadline because he waited a few extra days in case plaintiff’s response was

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delayed. Id.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within fourteen days of the filing of this order, plaintiff shall separately file his

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portion of the joint pretrial statement. Failure to comply may result in the imposition of
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appropriate sanctions, up to dismissal of this action based on the degree of plaintiff’s

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noncompliance.

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2. In the event counsel for defendant receives plaintiff’s comments on the joint pretrial

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statement before plaintiff files them, counsel shall promptly file the comments with the court.

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DATED: January 5, 2021

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