(PC) Cortinas v. Vasquez ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY WILLIAM CORTINAS, Case No. 1:19-cv-00367-JLT-SKO (PC) 12 Plaintiff, ORDER CONTINUING EVIDENTIARY 13 v. HEARING TO JUNE 22, 2022 14 VASQUEZ, et al., ORDER DIRECTING DEFENDANTS TO 15 Defendants. FILE RESPONSE TO PLAINTIFF’S REQUEST FILED APRIL 4, 2022 (Doc. 100) 16 17 Plaintiff, Larry William Cortinas, is proceeding pro se and in forma pauperis in this civil 18 rights action pursuant to 42 U.S.C. § 1983. 19 I. INTRODUCTION 20 This matter is currently scheduled for an evidentiary hearing on April 19, 2022, at 10:30 21 a.m. On April 4, 2022, Plaintiff filed an “Ex Parte Request for Subpoena Duce[s] Tecum for 22 April 19, 2022 at 10:30 a.m. upon the Corcoran Appeals Coordinator D. Gore Jr. Records Only 23 Request” (“Request”) (Doc. 100). The Court construes Plaintiff’s filing as a request for issuance 24 of a subpoena to D. Gore Jr., to produce documents at the evidentiary hearing. 25 // 26 // 27 // // 1 II. CONTINUANCE OF THE EVIDENTIARY HEARING 2 To allow the Defendants an opportunity to respond to the Request, and on its own 3 motion,1 the Court continues the evidentiary hearing to Wednesday, June 22, 2022, at 10:00 4 a.m., via Zoom Videoconference. 5 Defense counsel shall arrange for Plaintiff’s participation. Prior to the hearing, counsel 6 shall contact the undersigned’s courtroom deputy at WKusamura@caed.uscourts.gov to request 7 the Zoom videoconference connection information. The Court will issue a writ of habeas corpus 8 ad testificandum, as appropriate. 9 No later than May 23, 2022, defense counsel shall confer with Plaintiff to determine 10 whether either side will seek to admit documentary evidence at the hearing. If either side wishes 11 to do so, the party shall identify the documents and provide copies of them to the opponent by 12 May 30, 2022, unless the opponent already has copies of the documents. 13 No later than June 15, 2022, defense counsel shall lodge an exhibit list detailing the 14 documentary evidence (with applicable exhibit numbers) that both sides will seek to introduce at 15 the hearing, as well as copies of the evidence, by email to SKOorders@caed.uscourts.gov. 16 Following the hearing, counsel shall file an exhibit list of all the documentary evidence admitted 17 at the hearing. 18 III. DEFENDANTS’ RESPONSE TO PLAINTIFF’S REQUEST (Doc. 100) 19 Defendants are DIRECTED to file a substantive response to Pro Se Plaintiff’s Request no 20 later than April 15, 2022.2 If Plaintiff wishes to file a reply, he must do so no later than April 29, 21 2022. Following consideration of the parties’ submission(s), the Court will issue a decision on 22 whether Plaintiff is entitled to the documents he contends are relevant to determining whether he 23 1 The district court has the inherent power to control its docket. Ferdick v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir. 24 1992); see also Unigard Sec. Ins. Co. v. Lakewood Engineering & Mfg. Corp., 982 F.2d 363, 368 (9th Cir. 1992) (“Courts are invested with inherent powers that are ‘governed not by rule or statute but by the control necessarily 25 vested in court to manage their own affairs so as to achieve the orderly and expeditious disposition of cases”) (citing Chambers v. NASCO, Inc., 501 U.S. 32 (1991)). 26 2 A “district court has wide discretion in controlling discovery.” Little v. City of Seattle, 863 F.2d 681, 685 (9th Cir. 27 1988); see also Local Rules 302(c)(1); see also In re Phenylpropanolamine (PPA) Products Liability Litigation, 460 F.3d 1217, 1227 (9th Cir. 2006) (stating orderly and expeditious resolution of disputes is of great importance to rule 1 exhausted his administrative remedies prior to filing this action. 2 IV. CONCLUSION AND ORDER 3 Based on the foregoing, IT IS HEREBY ORDERED that: 4 1. The evidentiary hearing is continued to June 22, 2022, at 10:00 a.m. via Zoom 5 Videoconference; 6 2. Defendants shall file a substantive response to Plaintiff’s request filed April 4, 2022, 7 (Doc. 100), no later than Friday, April 15, 2022. Plaintiff may file a reply by no later 8 than April 29, 2022; and 9 3. Defendants are directed to serve a courtesy copy of this Order to Plaintiff via email to 10 the Litigation Coordinator at Plaintiff’s current institution. 11 IT IS SO ORDERED. 12 13 Dated: April 8, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27