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Monson v. Melkonian

United States District Court, E.D. California

September 20, 2019

TRENELL MONSON, Plaintiff,
v.
R. MELKONIAN, Defendant.

         ORDER DISCHARGING ORDER FOR PLAINTIFF, WARDEN OF USP LOMPOC, AND LITIGATION COORDINATOR AT USP LOMPOC TO SHOW CAUSE WHY THEY SHOULD NOT BE SANCTIONED

         ORDER RESETTING STATUS AND DISCOVERY CONFERENCE

         ORDER DIRECTING CLERK TO SERVE A COPY OF THIS ORDER ON THE WARDEN AT USP LOMPOC (ECF NO. 55)

         Trenell Monson (“Plaintiff”) is a prisoner[1] proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. He is currently confined at the United States Penitentiary in Lompoc, California.

         On July 31, 2019, the Court attempted to hold a discovery and status conference. As Plaintiff did not appear, the Court ordered Plaintiff to “show cause why sanctions should not issue for his failure to attend the conference.” (ECF No. 55, p. 2). The Court also ordered the Warden and Litigation Coordinator of USP Lompoc to “show cause why sanctions should not issue for their failure to comply with the Court’s order directing Plaintiff’s institution of confinement to make Plaintiff available for the conference.” (Id. at 3).

         On August 20, 2019, the Warden filed his response to the order to show cause. (ECF No. 58). The Litigation Coordinator did not file a response because USP Lompoc does not employ a “Litigation Coordinator.”[2] (ECF No. 58, p. 2). On August 21, 2019, Plaintiff filed his response to the order to show cause. (ECF No. 60).

         For the reasons described below, the Court will discharge the order to show cause. Additionally, the Court will reset the discovery and status conference, which will now be held on October 9, 2019, at 3:00 p.m.

         I. ORDER TO SHOW CAUSE

         On January 25, 2019, the Court entered a scheduling order in this case. (ECF No. 47). As part of the scheduling order, the Court set a telephonic discovery and status conference for July 31, 2019, at 1:30 p.m. (Id.) The order stated:

A discovery and status conference is set for July 31, 2019, at 1:30 p.m. Parties have leave to appear by phone. To join the conference, each party is directed to call the toll-free number (888) 251-2909 and use Access Code 1024453.
. . .
Plaintiff shall make arrangements with staff at his or her institution of confinement for his or her attendance at the discovery and status conference. Plaintiff’s institution of confinement shall make Plaintiff available for the conference at the date and time indicated above.

(Id. at 4). The scheduling order was served by mail on Plaintiff and the Litigation Coordinator at Plaintiff’s institution of confinement.

         On July 1, 2019, the Court issued a confirming minute order, reiterating that a telephonic discovery and status conference was set for July 31, 2019, at 1:30 p.m. (ECF No. 51). This confirming minute order was served by mail to Plaintiff, the ...


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