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Maximilian Monclova-Chavez v. Eric Mceachern

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 23, 2012

MAXIMILIAN MONCLOVA-CHAVEZ,
PLAINTIFF,
v.
ERIC MCEACHERN, ET AL.,
DEFENDANTS.

The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge

ORDER AFTER HEARING SCHEDULING ORDER

Telephonic Motion to Bifurcate Hearing: June 18, 2012, at 1:30 p.m. in Courtroom 2 (AWI) Telephonic Trial Confirmation Hearing: January 7, 2013, at 1:30 p.m. in Courtroom 2 (AWI) Jury Trial: February 20, 2013, at 8:30 a.m. in Courtroom 2 (AWI) Trial Estimate: 6 days

Plaintiff Maximilian Monclova-Chavez ("Plaintiff") is a federal prisoner proceeding in this civil action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971), which provides a remedy for violation of civil rights by federal actors. On April 3, 2012, a telephonic scheduling conference was held before the undersigned and further dates were set in this action.

Based upon the discussion at the telephonic hearing, it is HEREBY ORDERED that:

1. A hearing on Defendants' motion to bifurcate shall be set for June 18, 2013, at 1:30 p.m. before the Honorable Judge Ishii. The parties shall make arrangements for a conference call and, once all parties are on the line, shall call the Court at (559) 499-499-5669 ;

a. Defendants' motion to bifurcate shall be filed on or before May 4, 2012 ;

b. Plaintiff shall file an opposition or statement of non-opposition on or before May 18, 2012 ;

c. Defendants reply shall be filed on or before May 31, 2012 ;

2. A telephonic trial confirmation hearing *fn1 is set for January 7, 2013, at 1:30 p.m. in Courtroom 2 (AWI) before the Honorable Anthony W. Ishii. The parties shall make arrangements for a conference call and, once all parties are on the line, shall call the Court at (559) 499-499-5669 ;

a. The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). The parties are further directed to submit a digital copy of their pretrial statement in Word Perfect X3 *fn2 format, directly to Judge Ishii's chambers by emailing it to awiorders@caed.uscourts.gov.

b. The parties' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. The Court will insist upon strict compliance with those rules.

3. A jury trial is set for February 20, 2013 , at 8:30 a.m. in Courtroom 2 before the Honorable Anthony W. Ishii, Chief United States District Court Judge. The parties' attention is directed to Local Rules of Practice for the Eastern District of California.

IT IS SO ORDERED.


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