Willis v. Mullins, et al

Filing 280

ORDER vacating Trial Schedule signed by Chief Judge Anthony W. Ishii on 9/20/2012. (Lundstrom, T)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9
10
11
12
13

GARY WILLIS,

)
)
Plaintiff,
)
)
v.
)
)
JOSEPH MULLINS, et al.,
)
)
Defendants.
)
_________________________________ )

CIV-F-04-6542 AWI BAM
ORDER VACATING TRIAL
SCHEDULE

14
15
16

Defendants Silvius and Mullins have made a motion to postpone the trial set for

17

November 14, 2012. Their attorney, Michael Marderosian, has a five week trial set to begin

18

November 5, 2012 in state court. At the pretrial conference on August 24, 2012, Heather Cohen

19

appeared on behalf of Michael Marderosian who was at a hearing in the state case taking place at

20

the same time. Ms. Cohen did mention the possibility that the state trial would interfere with this

21

case. The state court case was originally set for September 5, 2012. A few days before the

22

pretrial conference in this case, the parties the state case were told that no judge was available for

23

September 5, 2012; they were offered a guaranteed court date of November 5, 2012 or a general

24

postponement with no guaranteed court date. Mr. Marderosian agreed to the November 5, 2012

25

date. Plaintiffs oppose rescheduling this trial while Co-Defendants are amenable to the delay.

26

While the trial date in this case has been set for a long time, courts must act flexibly and with

27

comity when trial dates conflict. The state court trial is expected to be lengthy; rescheduling it

28

would likely be difficult. This trial is only expected to last a few days.
1

1

All dates associated with the trial, including the motions in limine hearing and briefing

2

schedule, are vacated. The parties are directed to contact the Courtroom Deputy to schedule a

3

telephonic conference for the purpose of setting a new trial date.

4

IT IS SO ORDERED.

5
6

Dated:
0m8i78

September 20, 2012
CHIEF UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2