Miller v. California Department of Corrections and Rehabilitation (CDCR) et al

Filing 149

STIPULATION AND ORDER re 148 TO CLARIFY THE COURT'S DOCKET RE: DEFENDANT WILLIAMS filed by G Williams. Signed by Judge Edward M. Chen on 6/22/18. (bpf, COURT STAFF) (Filed on 6/22/2018)

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XAVIER BECERRA·

Attorney General of California
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WILLIAM C. KWONG
Supervising Deputy Attorney General
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ANNEE. WADDELL, State Bar No. 311388
ALLISONM. Low, State Bar No. 273202
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Deputy Attorneys General
455 Golden Gate Avenue, Suite 11000
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San Francisco, CA 94102-7004
. Telephone: [phone]
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· Fax: [phone]
E-mail: [e-mail]
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Attorneys for Specially Appearing Defendant
Williams
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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CHARLES A. MILLER,

3:16-cv-02431 EMC

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Plaintiff, · STIPULATED REQUEST TC) CLARIFY
THE COURT'S DOCKET RE:
DEFENDANT WILLIAMS

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v.
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[PROPOSED] ORDER

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

Defendants.

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TO THE HONORABLE JUDGE EDWARD M. CHEN:

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The parties met, conferred, agreed, and hereby jointly request that the Court remove Dr. G.

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Williams from its docket as an active Defendant.

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Plaintiff Charles A. Miller filed this action in Monterey County Superior Court and

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claimed, in r~levant part, that Dr. Williams provided inappropriate care, consultation, and

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treatment of Plaintiff's knee condition during a telemedicine appointment on or about July 30,

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2015. (ECF No. 1-2 at 8.) Following Defendants' removal of the action to federal court, this

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Comi screened Plaintiff's complaint and found cognizable against Dr. Williams two claims under
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Stip. Req. to Clarify Court's Dkt. re: Def. Williams

(3:16-cv-02431 EMC)

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the Eighth Amendment for deliberate indifference to Plaintiffs allegedly serious medical needs

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for (1) a total-knee replacement surgery and (2) adequate pain medication. (ECF No. 30 at 4-5.)

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On January 24, 2018, the Comi granted in part Defend~nts' summary-judgment motion.

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(ECF No . 134.) The Court found "no reasonable jury could find in favor of [Plaintiff's] claim

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that Dr. Williams acted with deliberate indifference to his serious medical needs" with respect to

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his allegedly inappropriate handling of Plaintiffs request for total-knee-replacement surgery. (Id.

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at 24-25.) The Court further found that Dr. Williams was entitled to qualified immunity for

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Plaintiff's total-knee-replacement c l a i m ~ ~ r r ts:ew1::H-e:-e1-tt:i:tletf=at ~ mg€F-

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~eali<>H-£laims-1-gh'ttnnire1Jdn~ ~S"/~~

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The parties thus agree that Plaintiff maintains no active claims against Dr. Williams and Dr.

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Williams should be removed from the Court's docket as an active Defendant.

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z___? 0-

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Dated: June_, 2018

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Respectfully submitted,

Dated: June i,g 2018

XAVIER BECERRA

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Attorney General of California

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Supervising Deputy Attorney General

WILLIAM C. KWONG

~ E. WADDELL

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De ,uty A torney General

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Stip. Req. to Clarify Court' s Dkt. re: Def. Williams (3:16-cv-02431 EMC)

[PROPOSED] ORDER

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Pursuant to stipulation, IT IS.SO ORDERED. The Court's clerk shall update the Court's

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docket to reflect that Defendant G. Williams was terminated fro_m t~s a_ctio.11 on· ~anmuy 2'1,

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2018, the date that the Court partially grantecrDefen.danfs'summary:juagmeiifmcition':----

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RT

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SF2016400413
42005204.docx

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. Chen

ward M
udge Ed

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R NIA

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DERED

O OR
IT IS S

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The Honorable Edward M. Chen
United States Judge

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6/22/2018

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Dated:

UNIT
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Stip. Req. to Clarify Court's Diet. re: Def Williams (3:16-cv-02431 EMC)

CERTIFICATE OF SERVICE
Case Name:

Charles A. Miller v. CDCR, et al.

Case No. 3:16-cv-02431 EMC

I hereby certify that on June 18, 2018, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:
STIPULATED REQUEST TO CLARIFY THE COURT’S DOCKET RE: DEFENDANT
WILLIAMS; [PROPOSED] ORDER
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the CM/ECF system.
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on June 18, 2018, at San Francisco, California.

G. Pang
Declarant
SF2016400413
42010218.docx

/s/ G. Pang
Signature