Davis et al v. California Department of Corrections and Rehabilitation et al

Filing 258

ORDER by Judge Saundra Brown Armstrong. (terminating 224 ; 227 ; 234 ; 237 Motions in Limine) (ndr, COURT STAFF) (Filed on 8/14/2014)

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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6 BRENDA DAVIS and DAVID ROY,

Plaintiffs,

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vs.

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Case No: C 08-4481 SBA
ORDER
Docket 224, 227, 234, 237

9 CALIFORNIA DEPARTMENT OF

CORRECTIONS AND REHABILITATION,
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Defendants.

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On April 15, 2014, the Court granted the parties’ stipulation to continue the trial date
in this matter on the ground that Defendant David Mandel, Ph.D. (“Dr. Mandel”) is
seriously ill with stage two bladder cancer. Dkt. 255. On July 10, 2014, the parties filed a
Joint Case Management Statement indicating that Dr. Mandel is currently under doctor’s
orders prohibiting him from participating in any litigation due to the risk to his health. Dkt.
256. According to the parties, Dr. Mandel will be medically unavailable “for the rest of
2014.” Id. While it is unclear when Dr. Mandel will be medically cleared to participate in
this action, Defendants are hopeful that he will be able to do so by the summer of 2015. Id.
On July 17, 2014, a Case Management Conference was held. Dkt. 257. At the
conference, the Court did not set a new trial date in light of Dr. Mandel’s illness and
unavailability for trial. Id. Instead, the Court scheduled a further Case Management
Conference for October 1, 2014. Id.
Accordingly,
IT IS HEREBY ORDERED THAT:
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The Clerk shall ADMINISTRATIVELY terminate the motions in limine filed

by the parties. Dkt. 224, 227, 234, 237.

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Upon the scheduling of a new trial date, the Court will set a hearing date for

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the motions in limine or issue an Order indicating that the motions will be resolved on the

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papers without a hearing.

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3.

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IT IS SO ORDERED.

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This Order administratively terminates Docket 224, 227, 234, and 237.

Dated: 8/14/2014

_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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