The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge Sitting by Designation
On June 19, 2009, Defendants Veal, Reagle, O'Ran, Surges, Ramirez-Palmer, Grannis, Dickinson, Cate, and the California Department of Corrections and Rehabilitation (collectively, the "Defendants") filed an Amended Pretrial Statement (No. 98). In the pretrial statement, Defendants assert that "Swygert now seeks only injunctive relief." Id. at 2. As authority for this proposition, Defendants cite Plaintiff Curtis Lee Swygert's ("Swygert") pretrial statement filed on September 25, 2008 (No. 55). At the time Swygert filed this document, he was proceeding pro se and not represented by counsel. This Court appointed counsel on November 26, 2008 (No. 64).
Accordingly, the Court directs Swygert's counsel to file a supplemental statement, on or before June 29, 2009, indicating whether Swygert has, in fact, abandoned his request for damages as to any, or all, Defendants. Defendants are permitted, but not required, to file any response thereto on or before July 2, 2009.
IT IS HEREBY ORDERED that Swygert's counsel shall file a statement on or before June 29, 2009 stating whether Swygert seeks damages against any Defendants and, if so, which Defendants. Defendants may file a response thereto on or before July 2, 2009.
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