Ackley v. Carroll et al

Filing 61

ORDER GRANTING 60 Defendant's Motion to Amend the Scheduling Order and VACATING Dates for Telephonic Trial Confirmation Hearing and Trial; AMENDED SECOND SCHEDULING ORDER, signed by Magistrate Judge Sandra M. Snyder on 8/29/2011. Trial Confirmation Hearing RESET for 3/19/2012 at 03:00 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. Jury Trial RESET for 5/1/2012 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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DONALD J. ACKLEY,

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CASE NO. 1:06-cv-00771-AWI-SMS PC

Plaintiff,

ORDER GRANTING DEFENDANT’S MOTION
TO AMEND THE SCHEDULING ORDER AND
VACATING DATES FOR TELEPHONIC TRIAL
CONFIRMATION HEARING AND TRIAL

v.
D. CARROLL, et al.,

(ECF No. 60)
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Defendants.
AMENDED SECOND SCHEDULING ORDER

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Telephonic Trial Confirmation
Hearing:
March 19, 2012, at 3:00 p.m. in
Courtroom 2 (AWI)

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Jury Trial:
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May 1, 2012, at 8:30 a.m. in
Courtroom 2 (AWI)

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Plaintiff Donald J. Ackley (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 17, 2011, Defendants

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filed a motion to amend the scheduling order. (ECF No. 60.)

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Modification of a scheduling order requires a showing of good cause, Fed. R. Civ. P. 16(b),

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and good cause requires a showing of due diligence, Johnson v. Mammoth Recreations, Inc., 975

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F.2d 604, 609 (9th Cir. 1992). Defendants move to amend the scheduling order because defense

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counsel has a scheduling conflict with the current trial date. The Court finds good cause and will

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grant Defendants’ request.

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Good cause having been shown the amended scheduling order filed on July 15, 2011, is
HEREBY AMENDED as follows:
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The telephonic trial confirmation scheduled for December 5, 2011, and the trial set
for January 24, 2012, are VACATED;

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This matter is set for telephonic trial confirmation hearing before the Honorable
Anthony W. Ishii on March 19, 2012, at 3:00 p.m. in Courtroom 2;

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3.

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This matter is set for jury trial before the Honorable Anthony W. Ishii on May 1,
2012, at 8:30 a.m. in Courtroom 2;

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4.

Counsel for Defendants is required to arrange for the participation of Plaintiff in the

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telephonic trial confirmation hearing and to initiate the telephonic hearing at (559)

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499-5669; and

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5.

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IT IS SO ORDERED.

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Dated:
cm411

All other established deadlines in this action shall remain unchanged.

August 29, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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