Player v. Adams et al

Filing 71

ORDER GRANTING 67 Motion to Continue Trial Date; TELEPHONIC TRIAL CONFIRMATION: February 29, 2012 at 8:30 a.m. in Courtroom 4 (LJO); JURY TRIAL: April 10, 2012 at 8:30 a.m. in Courtroom 4 (LJO), signed by Magistrate Judge Dennis L. Beck on 10/25/2011. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAVELLE TYRONE PLAYER,

CASE NO. 1:07-CV-01312-LJO-DLB PC

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Plaintiff,

ORDER GRANTING DEFENDANT’S
MOTION TO CONTINUE TRIAL DATE

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v.
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(DOC. 67)
B. JOHNSON,

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Telephonic Trial Confirmation
Hearing:
February 29, 2012 at 8:30 a.m.
in Courtroom 4 (LJO)

Defendant.
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Jury Trial:
/

April 10, 2012, at 8:30 a.m. in
Courtroom 4 (LJO)

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Plaintiff Lavelle Tyrone Player (“Plaintiff”) is a California state prisoner proceeding pro

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se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is

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proceeding on Plaintiff’s second amended complaint against Defendant B. Johnson

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(“Defendant”) on the claim of excessive force in violation of the Eighth Amendment. This

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matter is currently set for jury trial beginning on February 13, 2012. Pending before the Court is

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Defendant’s motion to continue the trial date, filed September 9, 2011. Doc. 67.

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Defendant’s counsel submits a declaration attesting that she is unable to prepare for this

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trial effectively by February 13, 2012. Michelle Angus Decl., Doc. 67. Defendant’s counsel is

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counsel in the matter of McCoy v. Spidle, case No. CV-07-198,which is set for a two-week trial

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to commence on January 31, 2012 in Sacramento. Id. ¶ 3. Defendant’s counsel declares that she

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anticipates calling 54 witnesses in order to present the defense for two different prisons. Id.

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Additionally, the Honorable Stephen M. McNamee from the District Court of Arizona will be

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presiding over this action, and has made special arrangements to appear in Sacramento. Id.

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Modification of the Court’s scheduling order requires a showing of good cause. Fed. R.
Civ. P. 16(b)(4). The Court finds good cause has been presented, and issues the following.
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Accordingly, it is HEREBY ORDERED that:

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1.

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Lawrence J. O’Neill on February 29, 2012 at 8:30 a.m. in Courtroom 4;
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3.

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Defendant shall serve and file a pretrial statement as described in the Court’s
September 6, 2011 Order on or before February 22, 2012;

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Plaintiff shall serve and file a pretrial statement as described in the Court’s
September 6, 2011 Order on or before February 8, 2012;

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Counsel for Defendant is required to arrange for the participation of Plaintiff in
the telephonic hearing and to initiate the hearing at [phone];

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This matter is set for jury trial before the Honorable Lawrence J. O’Neill on April
10, 2012, at 8:30 a.m. in Courtroom 4;

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This matter is set for telephonic trial confirmation hearing before the Honorable

In addition to electronically filing their pretrial statement, Defendant shall e-mail
the pretrial statement to: [e-mail];

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If Plaintiff intends to call incarcerated witnesses at time of trial, Plaintiff shall

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serve and file a motion for attendance of incarcerated witnesses as described in the

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Court’s September 6, 2011 Order on or before February 8, 2012;

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8.

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The opposition to the motion for the attendance of incarcerated witnesses, if any,
shall be filed on or before February 22, 2012;

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If Plaintiff wishes to obtain the attendance of unincarcerated witnesses who refuse

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to testify voluntarily, Plaintiff must submit the money orders, as described in the

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Court’s September 6, 2011 Order, to the Court on or before February 29, 2012;

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and

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10.

Any other dates listed are disregarded and superseded by this order.

IT IS SO ORDERED.
Dated:
77e0d6

October 25, 2011

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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