McElroy v. Cox et al

Filing 77

ORDER signed by District Judge Jeffrey T. Miller on 6/10/2011 granting 75 Motion for Extension of time to file Memorandum of Contentions of Fact and Law and granting 76 Motion to reset Trial Date. (Filing Deadline: 6/17/2011). (Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LATWAHN MCELROY,
CDCR #P-71922,

CASE NO. 1:08-CV-1221-JTM (MDD)

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ORDER GRANTING PLAINTIFF’S
REQUEST FOR AN EXTENSION
OF TIME TO FILE
MEMORANDUM OF
CONTENTIONS OF FACT AND
LAW AND GRANTING
DEFENDANTS’ REQUEST TO
RESET THE TRIAL DATE

Plaintiff,
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v.
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ROY COX et al.,
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Defendants.
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Doc. Nos. 75 & 76
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On May 18, 2011, this court issued a Scheduling Order in the above-entitled case

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setting a deadline of May 27, 2011 for the filing of Memoranda of Contentions of Fact and

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Law by the parties and a trial date of August 22, 2011. (Doc. No. 72.) Plaintiff, who is

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currently incarcerated, has filed a request for an extension of time in which to file his

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Memorandum, claiming that he did not receive the Scheduling Order until May 20, 2011 as

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the result of a lockdown in his facility. (Doc. No. 75.) In addition, Plaintiff claims to have suffered

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an accident recently which has left him without the use of his writing hand. (Id.) Defendants have also

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filed a request to continue the trial, based on counsel’s unavailability on the trial date for personal

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reasons. (Doc. No. 76.)

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Good cause having been show, both requests are GRANTED. Plaintiff shall have until Friday,

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June 17, 2011 to file his Memorandum of Contentions of Fact and Law pursuant to the requirements
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1:08-C V-1221-JT M (M D D )

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of Southern District Local Rule 16.1(f)(2). Trial in this matter will commence on Tuesday, September

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6, 2011 at 10:00am. All other dates set in the court’s May 18 Scheduling Order shall remain

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unchanged.

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IT IS SO ORDERED.
DATED: June 10, 2011

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Hon. Jeffrey T. Miller
United States District Judge

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1:08-C V-1221-JT M (M D D )