(PC) Cooks v. State of California Department of Corrections and Rehabilitation et al

Filing 17

ORDER signed by Magistrate Judge Kendall J. Newman on 11/17/21 GRANTING 16 Request to opt out of the settlement conference; VACATING the 12/02/21 settlement conference before Magistrate Judge Claire; VACATING 15 the Writ of Habeas Corpus Ad Te stificandum; and LIFTING the STAY of this action. Defendant Lameer shall file a responsive pleading within 14 days from the date of this order. The Clerk of the Court is directed to serve a copy of this order on the Warden of California State Prison, Los Angeles County, P.O. Box 8457, Lancaster, California 93539; and to serve a copy of this order via fax on the Litigation Office at California State Prison, Los Angeles County at [phone] or via email. (cc: ADR, I.T. Dept, Sacramento and AC)(Copy of this order mailed to the Warden, CSP-Los Angeles County. Courtesy copy sent by fax to CSP-Los Angeles County Litigation office at 661-729-6994. (Plummer, M) Modified on 11/18/2021 (Plummer, M).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAWN E. COOKS,

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No. 2:20-cv-1780 KJN P

Plaintiff,
v.
THE STATE OF CALIFORNIA
DEPARTMENT OF CORRECTIONS
AND REHABILITATION, et al.,

ORDER VACATING SETTLEMENT
CONFERENCE AND VACATING WRIT OF
HABEAS CORPUS AD TESTIFICANDUM
AND REQUIRING RESPONSIVE
PLEADING BY DEFENDANT DR. LAMEER

Defendants.

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Plaintiff is a state prisoner, proceeding through counsel. Defendant CDCR filed a request

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to be excused from the early settlement conference due to, inter alia, the complexity of the issues

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and the need for formal discovery. Upon review of the request, the undersigned finds good cause

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to grant defendant’s request.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendant’s request to opt out of the settlement conference (ECF No. 16) is granted;

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2. The December 2, 2021 settlement conference before the Honorable Allison Claire,

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U.S. Magistrate Judge, is vacated;
3. The writ of habeas corpus ad testificandum requiring plaintiff’s appearance by

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videoconference (ECF No. 15) is vacated;

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4. The stay of this action is lifted;
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5. Defendant Lameer shall file a responsive pleading within fourteen days from the date
of this order; and
6. The Clerk of the Court is directed to serve a copy of this order on the Warden of

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California State Prison, Los Angeles County, P.O. Box 8457, Lancaster, California 93539; and

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to serve a copy of this order via fax on the Litigation Office at California State Prison, Los

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Angeles County at [phone] or via email.

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Dated: November 17, 2021

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/cook1780.optout

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