Berndt et al v. California Department of Corrections et al

Filing 278

ORDER re: Defendant Dwight Winslow. Any objections to or concerns with this Court's continuing to preside over this case due by 01/08/10. Plaintiffs to file statement of intent re: claims of Plaintiff Longo by 01/08/10. Signed by Judge Thelton E. Henderson on 12/22/09. (tehlc3, COURT STAFF) (Filed on 12/22/2009)

1 2 3 4 5 6 7 8 9 10 v. CALIFORNIA DEPARTMENT OF CORRECTIONS, et al., Defendants. MARTHA BERNDT, et al., Plaintiffs, NO. C03-3174 TEH ORDER RE: DEFENDANT DWIGHT WINSLOW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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For the Northern District of California

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It has come to the Court's attention that one of the named defendants in this case,

16 Dwight Winslow, now serves as Statewide Medical Director under the supervision of the 17 Receiver appointed by this Court in Plata v. Schwarzenegger, Case No. C01-1351 TEH.1 18 The Court is satisfied that Dr. Winslow's current employment has played and will play no 19 role in any decisions in this case, but it raises the issue with the parties out of an abundance 20 of caution. Any objections to or concerns with this Court's continuing to preside over this 21 case shall be filed on or before January 8, 2010. Failure to file any timely objections or 22 concerns will be deemed as consent for this Court to continue to preside over this case. 23 In addition, it appears that the only claims in the fourth amended complaint against

24 Dr. Winslow were asserted by Plaintiff Judy Longo, who is now deceased. Plaintiffs shall 25 inform the Court, also on or before January 8, 2010, of their intent to proceed with or 26 27 Plaintiffs' second amended notice of motion and motion for class certification, filed on December 18, 2009, refers to Dr. Winslow as a "Former Defendant." Mot. at 13 (citing 28 Longo Decl. ¶ 15). However, Dr. Winslow has not been terminated as a party.
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1 dismiss Plaintiff Longo's individual claims.2 Such information will be considered by the 2 Court in analyzing any objections or concerns filed pursuant to the preceding paragraph. 3 4 IT IS SO ORDERED. 5 6 Dated: 12/22/09 7 8 9 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

United States District Court

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For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Plaintiffs' response to this order may, but need not, be a motion for substitution, as 28 contemplated by Federal Rule of Civil Procedure 25(a)(1). 2
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