Opinion
2:17-cv-02436 DJC CKD (PC)
10-04-2023
KEITH CANDLER, Plaintiff, v. J. LEBECK, et al., Defendants.
STIPULATION AND ORDER REGARDING UNDISPUTED FACTS
THE HON. DANIEL J. CALABRETTA, JUDGE:
Courtroom: 10
Trial Dated: October 23, 2023
Action Filed: November 20, 2017
ROB BONTA, TYLER V. HEATH, CHRISTIAN M. GEORGELY, MARTHA EHLENBACH, INTRODUCTION
This case is set for trial on October 23, 2023, at the U.S. District Court in Sacramento. (Pretrial Order, ECF No. 95 at 1.) Having met and conferred, the parties hereby submit a proposed stipulation regarding certain facts that will be undisputed at trial.
STIPULATION
Plaintiff Candler and Defendants Lebeck and Huynh hereby agree that the following facts are undisputed for the purposes of trial:
1. Plaintiff Keith Candler is a convicted felon.
2. At all relevant times, Candler was a California state prisoner in the custody of the California Department of Corrections and Rehabilitation (CDCR).
3. At the time of the events at issue, Candler was incarcerated at California State Prison, Sacramento.
4. At the time of the events at issue, Defendant Huynh was employed as a Correctional Officer at California State Prison, Sacramento.
5. At the time of the events at issue, Defendant Lebeck was employed as a Correctional Officer at California State Prison, Sacramento.
6. On June 10, 2016, Plaintiff Candler and inmate Randall fought on the prison yard on Facility B at California State Prison, Sacramento.
7. On June 10, 2016, non-party prison staff deployed pepper spray to stop the fight between Candler and inmate Randall.
8. Officers Lebeck and Huynh did not deploy pepper spray on or towards Candler or inmate Randall on June 10, 2016.
It is so stipulated.
ORDER
Based on the parties' stipulation and good cause appearing, the Court accepts the parties' stipulation regarding undisputed facts.
IT IS SO ORDERED.