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J.M. v. White

January 8, 2009

J.M. AS AN INDIVIDUAL, PLAINTIFF,
v.
JOSEPH WHITE, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER

Discovery Cut-Off: 1/20/10

Non-Dispositive Motion

Filing Deadline: 2/5/10

Dispositive Motion Filing

Deadline: 2/19/10

Settlement Conference Date: 1/27/10 10:00 Ctrm. 10

Pre-Trial Conference Date: 4/26/10 11:00 Ctrm. 3

Trial Date: 7/13/10 9:00 Ctrm. 3 (JT-5 days)

I. Date of Scheduling Conference

January 8, 2009.

II. Summary of Pleadings

1. Plaintiff filed her operative complaint on July 9, 2008. She alleges that on numerous occasions between March and August 2006, Defendant Joseph White sexually molested, assaulted, and raped her. At that time, J.M. was an inmate in the custody of the California Department of Corrections and Rehabilitation (CDCR) at Central California Women's Facility (CCWF). Defendant Patrick is the Warden at CCWF. Defendant White was a Correctional Lieutenant at CCWF.

2. Patrick denies that her actions or omissions caused J.M. injuries and asserts the following defenses: (1) J.M.'s failure to state a cause of action under 42 U.S.C. § 1983; (2) qualified immunity; and (3) J.M.'s failure to state facts sufficient to constitute a cause of action for punitive damages. The complaint against CCWF is barred because it is not a "person" under 42 U.S.C. § 1983.

III. Orders Re Amendments To Pleadings

1. Plaintiff is unsure whether service has been affected on Defendant White. The parties are attempting to resolve the case. In the event the case is not resolved, Plaintiff shall have an additional 60 days to effectuate service on White following the date that the rejection of any settlement offer is made.

IV. Factual Summary

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings

1. CCWF is a women's correctional facility located in Madera County, California, and is a public entity of the State of California.

2. Between March and August 2006, Defendant White was employed at CCWF as a Correctional Lieutenant.

3. During that time, Plaintiff J.M. was incarcerated at CCWF as follows: March and April, May 1 through 23, and July 5 through August 31, 2006.

4. Defendant Patrick was employed as CCWF's Warden effective August 21, 2006.

5. At all times alleged in the Complaint, Defendant White was acting within the course and scope of his employment for the California DOC and under color of state law.

B. Contested Facts

1. J.M. considers the following facts contested: (1) Joseph White sexually molested, assaulted and/or raped Plaintiff; (2) the Warden and other Defendants knew or should have known of Lieutenant White's conduct, however failed to take any action to stop it.

2. CCWF and Patrick consider the following facts contested: (1) the relationship between J.M. and White; (2) Patrick's actions and/or omissions concerning CCWF's operation and the health and safety of inmates housed at CCWF; and (3) the type and amount of J.M.'s injuries and damages, if any.

V. Legal Issues

A. Uncontested

1. Jurisdiction exists under 42 U.S.C. ยง 1983 and 28 ...


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