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Johnson v. Shaffer

United States District Court, E.D. California

March 31, 2014

SAM JOHNSON, Plaintiff,
v.
JENNIFER SHAFFER, et al., Defendants.

ORDER

KIMBERLY J. MUELLER, District Judge.

Plaintiff has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge as provided by 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

On November 1, 2013, the magistrate judge filed findings and recommendations, which were served on all parties and which contained notice to all parties that any objections to the findings and recommendations were to be filed within fourteen days. Defendants have filed objections to the findings and recommendations to which plaintiff has filed a reply.

In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this court has conducted a de novo review of this case. Having carefully reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis. Given the nature of the action as a class action, with plaintiff represented by counsel, the court withdraws the reference to the magistrate judge, and sets the matter for a status conference. See L.R. 101, 240(c), 302.

Accordingly, IT IS HEREBY ORDERED that:

1. The findings and recommendations filed November 1, 2013 are adopted in full.

2. Plaintiff's motion for class certification (ECF No. 29) is granted.

3. Defendant's motion for summary judgment (ECF No. 30) is granted in part and denied in part as follows:

a. Granted as to plaintiff's equal protection and pendent state law claims;
b. Denied as to plaintiff's due process claims insofar as defendants rely on

Swarthout v. Cooke, ___ U.S. ___ , 131 S.Ct. 859 (2011); and

c. Denied in all other respects without prejudice to renewal following close of discovery.

4. A Status (Pretrial Scheduling) Conference is set for May 1, 2014 at 2:30 P.M. before the undersigned in Courtroom Three. All parties to the action shall appear in person at the Status Conference through lead counsel or on their own behalf if acting without counsel. Requests for a continuance of the status conference are not favored and will not be granted in the absence of a true emergency and, in any event, will not be entertained unless made in writing at least FIVE (5) DAYS prior to the scheduled conference.

5. At least twenty-one (21) calendar days before the Status Conference is held, parties shall confer as contemplated by Federal Rule of Civil Procedure 26 and Local Rule 240(b). The parties shall submit, at least seven (7) days prior to the Status Conference, a Joint Status Report that includes the Rule 26(f) discovery plan, with all named parties participating in the ...


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