Williams v. State of California et al

Filing 31

ORDER by Judge Haywood S. Gilliam, Jr. Granting 30 Stipulation Concerning the Limited Evidentiary Hearing. Miscellaneous Deadline (Disclosure of Potential Witnesses and Exhibits) due by 10/6/2017; Evidentiary Hearing set for 10/27/2017 01:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 9/12/2017)

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KHOA D. LE
State Bar No. 243087
28581 Old Town Front Street, Suite 200
Temecula, CA 92590
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Plaintiff Dwain Williams

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XAVIER BECERRA
Attorney General of California
DAMON G. MCCLAIN
Supervising Deputy Attorney General
TRACE O. MAIORINO
Deputy Attorney General
State Bar No. 179749
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants State of California,
California Department of Corrections and
Rehabilitation, Correctional Training Facility,
Spearman, and Chamberlain

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ORDER AND STIPULATION
Plaintiff, CONCERNING THE LIMITED
EVIDENTIARY HEARING

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17-cv-02511-HSG

DWAIN WILLIAMS, BY AND THROUGH HIS
GUARDIAN AD LITEM, SHARYN WILLIAMS,

v.
Time:
Dept:
Judge:

1:00 p.m.
Courtroom 2, 4th Fl.
STATE OF CALIFORNIA, et al.,
The Honorable Haywood S.
Gilliam, Jr.
Defendants. Trial Date:
n/a
Action Filed: 5/8/2017

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Order & Stip. Concerning Limited Evidentiary Hr’g (17-cv-02511-HSG)

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BACKGROUND
This matter is still in the pleading stages and formal discovery has not begun. The Court

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has set a limited evidentiary hearing to address Defendants’ motion for summary judgment

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“regarding whether Plaintiff exhausted his administrative remedies under the Prison Litigation

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Reform Act. See Dkt. No. 8 (pending motion for summary judgment); cf Albino v. Baca, 747

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F.3d 1162, 1168 (9th Cir. 2014) (permitting limited preliminary proceeding to “decide disputed

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questions of fact”).” (Ct. Order, ECF No. 19.)
The hearing is to be “limited to whether Plaintiff filed any inmate appeals with the Soledad

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Correctional Training Facility after January 6, 2016, the date of his alleged incapacity. See Dkt.

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No. 10 at 5; Dkt. No. 1-1 ¶¶ 11, 17-18, 30. This includes the two inmate appeals, dated August

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26, 2016, and September 16, 2016, that Defendants filed as Exhibit B to their reply brief in

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support of the pending motion. See Dkt. No. 13-2, Ex. B.” (Id.)
“To guide this limited inquiry, Defendants should prepare the following witnesses: ( 1) the

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custodian of records for the Soledad Correctional Training Facility who can authenticate and

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testify about the processing of the two above-referenced inmate appeals; (2) all individuals who

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assisted Plaintiff in filing the above-referenced inmate appeals; and (3) someone who can

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describe the process by which a third-party outside the Soledad Correctional Training Facility can

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assist inmates in preparing and filing an inmate appeal, as permitted by Title 15 of the California

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Code of Regulations, § 3084.2.” (Id.)
The Court initially set a September 20, 2017 evidentiary hearing. (Id.) Plaintiff’s Counsel,

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however, advised the Court of his conflicts with the September 20, 2017 hearing date during a

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telephone case management conference on August 25, 2017. (See ECF No. 27.) The Court

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ordered the parties to meet and confer concerning this matter and to submit a proposed schedule.

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The parties have conferred and submit the following stipulation to the Court.

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Order & Stip. Concerning Limited Evidentiary Hr’g (17-cv-02511-HSG)

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STIPULATION

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October 6, 2017

Disclosure of Potential Witnesses and
Exhibits

October 27, 2017

Limited Evidentiary Hearing
1:00 p.m., Courtroom 2, 4th Fl.
1301 Clay Street, Oakland, CA 94612

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IT IS SO STIPULATED.
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Dated:

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By: __________________________________
KHOA D. LE
Attorney for Plaintiff Dwain Williams

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Dated:

By: ___________________________________
TRACE O. MAIORINO
Deputy Attorney General
Attorneys for State of California, California
Department of Corrections and
Rehabilitation, Correctional Training
Facility, Spearman, and Chamberlain

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Order & Stip. Concerning Limited Evidentiary Hr’g (17-cv-02511-HSG)

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ORDER
In light of the stipulation between the parties, the Court vacates its order setting a
September 20, 2017 limited evidentiary hearing and orders the following schedule:

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October 6, 2017

Disclosure of Potential Witnesses and
Exhibits

October 27, 2017

Limited Evidentiary Hearing
1:00 p.m., Courtroom 2, 4th Fl.
1301 Clay Street, Oakland, CA 94612

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IT IS SO ORDERED.
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Dated: September 12, 2017

_______________________________________
HONORABLE HAYWOOD S. GILLIAM, JR.
United States District Judge

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Order & Stip. Concerning Limited Evidentiary Hr’g (17-cv-02511-HSG)