Ackley v. Carroll et al

Filing 75

ORDER GRANTING Defendants' Second 74 Motion to Amend the Scheduling Order and VACATING Dates for Telephonic Trial Confirmation Hearing and Trial; SECOND AMENDED SCHEDULING ORDER signed by Magistrate Judge Barbara A. McAuliffe on 11/9/2011. Telephonic Trial Confirmation Hearing set for 5/14/2012 at 03:00 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; Jury Trial set for 6/26/2012 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Sant Agata, S)

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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-BAM PC

Plaintiff,

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

Defendants.

(ECF No. 74)

v.
D. CARROLL, et al.,

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SECOND AMENDED SECOND SCHEDULING
ORDER

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Telephonic Trial Confirmation
Hearing:
May 14, 2012, at 3:00 p.m. in
Courtroom 2 (AWI)

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/ Jury Trial:
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June 26, 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 November 8, 2011, Defendants
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filed a second motion to amend the scheduling order due to defense counsel having a previously set
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trial that conflicts with the current date set for trial in this action. (ECF No. 74.)
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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 September 29, 2011,
is HEREBY AMENDED as follows:
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May 1, 2012, are VACATED;
2.

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This matter is set for telephonic trial confirmation hearing before the Honorable
Anthony W. Ishii on May 14, 2012, at 3:00 p.m. in Courtroom 2;

3.

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The telephonic trial confirmation scheduled for March 19, 2012, and the trial set for

This matter is set for jury trial before the Honorable Anthony W. Ishii on June 26,
2012, at 8:30 a.m. in Courtroom 2;

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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.

All other established deadlines in this action shall remain unchanged.

IT IS SO ORDERED.
Dated:
cm411

November 9, 2011

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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