Reginald Smith v. County of Los Angeles et al

Filing 142

ORDER GRANTING EX PARTE APPLICATION AND CONTINUING DATES 137 by Judge Dean D. Pregerson: The deadlines and hearings originally scheduled have been rescheduled. Ms. Fryer shall have until 4/18/2015 to respond to complaint. Discovery cut-off 5/18/2015. Motions due by 6/1/2015. Proposed Pretrial Order due by 7/10/2015. Last date to conduct settlement conference is 5/29/2015. Final Pretrial Conference set for 8/10/2015 11:00 AM. Jury Trial set for 8/18/2015 09:00 AM. (lc)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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REGINALD LENARD SMITH,

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Plaintiff,
v.
COUNTY OF LOS ANGELES; LOS
ANGELES COUNTY SHERIFF'S
DEPARTMENT; Does 1 through
10, both their personal and
official capacities,

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Defendants.

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___________________________

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Case No. CV 11-10666 DDP (PJWx)
ORDER GRANTING EX PARTE
APPLICATION AND CONTINUING DATES
[Dkt. No. 137]

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Plaintiff brings this lawsuit against the two named entities

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and various “Does” for alleged civil rights violations and related

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claims.

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the “Doe” defendants, a Los Angeles County employee named Barbara

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Fryer.

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deadlines to allow Ms. Fryer an opportunity to conduct discovery

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and file an answer, 12(b)(6) motion, and/or motion for summary

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judgment.

(Dkt. Nos. 1, 78.)

(Dkt. No. 131.)

Plaintiff has now identified one of

Defendants now move for an extension of

(Dkt. No. 137.)

This motion is brought as an ex parte

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application because there is not sufficient time to bring a noticed

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motion before the discovery and motion-filing deadlines pass.

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(Id.)

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The parties agree that discovery and motion-related dates must

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be continued.

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whether pretrial and trial dates should be continued.

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However, in order to give adequate time for Ms. Fryer to file a

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motion for summary judgment, for the Court to rule on it, and for

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the parties to meaningfully prepare for trial in light of any

(Id.; Opp’n at 5:19-26.)

They disagree only as to
(Id. at 6.)

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summary judgment, the pretrial and trial dates must be continued.

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Although Plaintiff argues that Ms. Fryer could bring a summary

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judgment motion now, because her only defenses are purely legal

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ones, the Court is not prepared to make that determination without

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affording her an opportunity to respond to the complaint and

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conduct whatever discovery might be necessary to her defenses.

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Therefore the scheduling order is modified as follows:

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Ms. Fryer shall have until April 18, 2015 to respond to
the complaint.

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All discovery deadlines are continued to May 18, 2015.

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The settlement conference deadline is continued to May

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29, 2015.
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2015.
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The last day to file motions is continued to June 1,

The proposed pretrial order deadline is continued to July
10, 2015.

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The FINAL PRETRIAL CONFERENCE is continued to August 10,
2015 at 11:00 a.m.

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FOUR DAY JURY TRIAL is continued to August 18, 2015 at
9:00 a.m.

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IT IS SO ORDERED.

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Dated: March 31, 2015
DEAN D. PREGERSON
United States District Judge

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