ORDER AND STIPULATION CONCERNING THE LIMITED EVIDENTIARY HEARING

HAYWOOD S. GILLIAM, Jr., District Judge.

BACKGROUND

This matter is still in the pleading stages and formal discovery has not begun. The Court has set a limited evidentiary hearing to address Defendants' motion for summary judgment "regarding whether Plaintiff exhausted his administrative remedies under the Prison Litigation Reform Act. See Dkt. No. 8 (pending motion for summary judgment); cf Albino v. Baca, 747 F.3d 1162, 1168 (9th Cir. 2014) (permitting limited preliminary proceeding to "decide disputed questions of fact")." (Ct. Order, ECF No. 19.)

The hearing is to be "limited to whether Plaintiff filed any inmate appeals with the Soledad Correctional Training Facility after January 6, 2016, the date of his alleged incapacity. See Dkt. No. 10 at 5; Dkt. No. 1-1 ¶¶ 11, 17-18, 30. This includes the two inmate appeals, dated August 26, 2016, and September 16, 2016, that Defendants filed as Exhibit B to their reply brief in support of the pending motion. See Dkt. No. 13-2, Ex. B." (Id.)

"To guide this limited inquiry, Defendants should prepare the following witnesses: (1) the custodian of records for the Soledad Correctional Training Facility who can authenticate and testify about the processing of the two above-referenced inmate appeals; (2) all individuals who assisted Plaintiff in filing the above-referenced inmate appeals; and (3) someone who can describe the process by which a third-party outside the Soledad Correctional Training Facility can assist inmates in preparing and filing an inmate appeal, as permitted by Title 15 of the California Code of Regulations, § 3084.2." (Id.)

The Court initially set a September 20, 2017 evidentiary hearing. (Id.) Plaintiff's Counsel, however, advised the Court of his conflicts with the September 20, 2017 hearing date during a telephone case management conference on August 25, 2017. (See ECF No. 27.) The Court ordered the parties to meet and confer concerning this matter and to submit a proposed schedule. The parties have conferred and submit the following stipulation to the Court.

STIPULATION

IT IS SO STIPULATED.

ORDER

In light of the stipulation between the parties, the Court vacates its order setting a September 20, 2017 limited evidentiary hearing and orders the following schedule:

IT IS SO ORDERED.