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Madrid v. De La Cruz

United States District Court, E.D. California

January 8, 2020

DAVID JOSEPH MADRID, Plaintiff,
v.
A. DE LA CRUZ and M. LOPEZ, Defendants.

          ORDER OPENING DISCOVERY AND SETTING TELEPHONIC SCHEDULING CONFERENCE (ECF NO. 59) ORDER DIRECTING CLERK TO MAIL A COPY OF THIS ORDER TO: SHERIFF OF LOS ANGELES COUNTY, 211 WEST TEMPLE STREET, LOS ANGELES, CA 90012

         David Madrid (“Plaintiff”) is a prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.

         On October 23, 2019, the Court vacated the scheduling conference that was set in this case. (ECF No. 57). The Court also required Plaintiff “to file a notice stating whether he has enough funds in his prisoner trust account to pay for a phone call, and if so, whether he wants to use his funds in such a manner. The notice shall also include either an estimate regarding [] how long Plaintiff will be housed in Los Angeles County Jail, or a statement that Plaintiff does not know how long he will be housed in Los Angeles County Jail.” (Id. at 2). The Court stated that, “[a]fter receiving Plaintiff's notice, the Court will either reset the scheduling conference or issue a scheduling order without holding a scheduling conference.” (Id. at 2).

         On November 7, 2019, Plaintiff filed the required notice. (ECF No. 58). Plaintiff stated that he is able to purchase phone time so that he can appear at the scheduling conference, and that he believes he will be housed in Los Angeles County Jail for a year or more. (Id. at 1). On December 13, 2019, Plaintiff filed a request for a new scheduling conference date. (ECF No. 59).[1]

         Given Plaintiff's assertion that he will be able to pay for a phone call so that he can telephonically attend a scheduling conference, as well as his request for the Court to set a scheduling conference, the Court will reset the scheduling conference.

         Additionally, given the delays that have occurred in this case, the Court will now open discovery. The parties may begin taking discovery immediately, as described below. The Court will set further dates at or shortly after the scheduling conference.

         Accordingly, IT IS ORDERED that:

         1. Plaintiff's request for a new scheduling conference date is GRANTED. A telephonic scheduling conference is set for March 2, 2020, at 1:30 p.m., in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean.

         2. To appear telephonically, Plaintiff is directed to use the following dial-in number: 559-515-4088.

         3. To appear telephonically, defense counsel is directed to use the following dial-in number, meeting number, and PIN: dial-in number 858-812-0972; meeting number 3000023; PIN 5910.

         4. Plaintiff shall make arrangements with staff at his institution of confinement for his attendance at the conference.

         5. Plaintiff's institution of confinement shall make Plaintiff available for the conference at the date and time indicated above.

         6. To the extent possible, prior to the conference defense counsel shall confirm with Plaintiff's institution of confinement that arrangements have been made for Plaintiff's attendance.

         7. The Clerk of Court is directed to mail a copy of this order to: Sheriff of Los Angeles County, 211 West ...


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