(PC) Perkins v. Kennedy et al

Filing 48

ORDER signed by Magistrate Judge Allison Claire on 01/27/2025 ORDERING that the deadline to serve expert disclosures is EXTENDED to 5/28/2025 and the deadline for the completion of all expert discovery is 30 days thereafter. The Pretrial Conference scheduled for 6/11/2025 is CONTINUED to 7/30/2025 at 10:00 AM via Zoom videoconference before Magistrate Judge Allison Claire. Plaintiff is DIRECTED to file and serve his pretrial statement and any motions necessary to obtain the attendance of incarc erated witnesses at trial by 7/9/2025 and Defendants are DIRECTED to file their pretrial statement by 7/23/2025. Plaintiff is also DIRECTED to notify the court upon his return to the custody of the CDCR. If Plaintiff has not notified the court that h e has returned to the CDCR's custody by 4/21/2025, Defendants shall inquire into the expected timeframe for Plaintiff's transfer and file a notice with the court regarding their findings by 5/5/2025. The Clerk of the Court shall update the docket to reflect that Plaintiff's address of record is Alonzo Perkins, #6878943, Men's Central Jail, P.O. Box 86164, Los Angeles, CA 90086. (Deputy Clerk KS)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALONZO RAYSHAWN PERKINS, 12 13 14 15 No. 2:22-cv-0539 AC P Plaintiff, v. ORDER C. KENNEDY, et al., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se. By order filed November 13, 2024, the 18 undersigned issued a further scheduling order setting deadlines for expert discovery, pretrial 19 statements and dates for a settlement conference and trial. ECF No. 44. On the date the 20 settlement conference was supposed to take place, counsel for defendants notified the court that 21 plaintiff had been transferred to the custody of the Los Angeles County Sheriff’s Department, 22 which has stated that they are unable to facilitate plaintiff’s appearance at a settlement 23 conference. ECF No. 47. The settlement conference was vacated, to be re-set at a later date. Id. 24 The court has been advised that it may be up to three months before plaintiff is returned to the 25 physical custody of the California Department of Corrections and Rehabilitation (CDCR). 26 In light of these developments, the deadlines for expert discovery and pretrial statements 27 shall be extended and the pretrial conference shall be continued. At this time, trial will remain 28 scheduled to begin on September 22, 2025. Plaintiff shall be required to promptly notify the 1 1 court upon his return to CDCR custody so that the settlement conference may be rescheduled.1 In 2 the even that plaintiff is not returned to the CDCR’s custody within the next three months, 3 defendants will be required to inquire into the expected timeframe for plaintiff’s return and notify 4 the court. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. The deadline to serve expert disclosures is extended to May 28, 2025. The deadline 7 for the completion of all expert discovery is thirty days thereafter. 8 2. The pretrial conference scheduled for June 11, 2025, is continued to July 30, 2025, at 9 10:00 a.m. before Magistrate Judge Allison Claire. The pretrial conference shall be conducted by 10 remote means, with all parties appearing by Zoom video conference. 11 3. Plaintiff shall file and serve his pretrial statement and any motions necessary to obtain 12 the attendance of incarcerated witnesses at trial on or before July 9, 2025. Defendants shall file 13 their pretrial statement on or before July 23, 2025. The parties are advised that failure to file a 14 pretrial statement may result in the imposition of sanctions, including dismissal of this action. 15 4. Plaintiff shall promptly notify the court upon his return to the custody of the CDCR. 16 5. If plaintiff has not notified the court that he has returned to the CDCR’s custody by 17 April 21, 2025, defendants shall inquire into the expected timeframe for plaintiff’s transfer and 18 file a notice with the court regarding their findings by May 5, 2025. 19 6. The Clerk of the Court shall update the docket to reflect that plaintiff’s address of 20 record is Alonzo Perkins, #6878943, Men’s Central Jail, P.O. Box 86164, Los Angeles, CA 21 90086. 22 DATED: January 27, 2025 23 24 25 26 27 28 1 The court notes that, despite plaintiff’s transfer, he has yet to notify this court of his change of address. The Clerk of the Court will be directed to update the docket to reflect plaintiff’s current address, but plaintiff is cautioned that he is responsible for keeping the court apprised of his current housing location and failure to do so may result in a recommendation that this action be dismissed for failure to prosecute. 2

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