Smith v. Diaz

Opinion

1 2 3 6 7 C. JAY SMITH, Case No. 20-cv-04335-HSG 8 Plaintiff, ORDER SETTING EVIDENTIARY HEARING AND PRE-HEARING CASE 9 Vv. MANAGEMENT CONFERENCE 10 RALPH DIAZ, et al., 11 Defendants. 12

13 Having reviewed the parties’ joint statement, Dkt. No. 151, the Court SETS an evidentiary 14 hearing, pursuant to Albino v. Baca, 747 F.3d 1162, 1170-71 (9th Cir. 2014) (en banc), on the 3 15 || narrow issue of whether Plaintiff has exhausted her administrative remedies as required under the a 16 || Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). The evidentiary hearing will be held in 3 17 person at 9:00 a.m. on June 30, 2025, through July 2, 2025, in Courtroom 2, 4th Floor, 1301 Clay 18 Street, Oakland, CA. 19 To ensure the efficient presentation of evidence, the Court further SETS an in-person case 20 management conference at 3:00 p.m. on June 3, 2025, in Courtroom 2, 4th Floor, 1301 Clay 21 Street, Oakland, CA. The parties should be prepared to address the scope of their proposed 22 witness lists and any other logistics for the evidentiary hearing, including whether any witnesses 23 will request to testify remotely. 25 Dated: 9/13/2025

HAYWOOD S. GILLIAM, JR. 27 United States District Judge 28