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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LATWAHN MCELROY, CDCR #P-71922, CASE NO. 1:08-CV-1221-JTM (MDD) 12 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, 13 v. 14 ROY COX et al., 15 Defendants. 16 Doc. Nos. 75 & 76 17 18 On May 18, 2011, this court issued a Scheduling Order in the above-entitled case 19 setting a deadline of May 27, 2011 for the filing of Memoranda of Contentions of Fact and 20 Law by the parties and a trial date of August 22, 2011. (Doc. No. 72.) Plaintiff, who is 21 currently incarcerated, has filed a request for an extension of time in which to file his 22 Memorandum, claiming that he did not receive the Scheduling Order until May 20, 2011 as 23 the result of a lockdown in his facility. (Doc. No. 75.) In addition, Plaintiff claims to have suffered 24 an accident recently which has left him without the use of his writing hand. (Id.) Defendants have also 25 filed a request to continue the trial, based on counsel’s unavailability on the trial date for personal 26 reasons. (Doc. No. 76.) 27 Good cause having been show, both requests are GRANTED. Plaintiff shall have until Friday, 28 June 17, 2011 to file his Memorandum of Contentions of Fact and Law pursuant to the requirements -1- 1:08-C V-1221-JT M (M D D ) 1 of Southern District Local Rule 16.1(f)(2). Trial in this matter will commence on Tuesday, September 2 6, 2011 at 10:00am. All other dates set in the court’s May 18 Scheduling Order shall remain 3 unchanged. 4 5 IT IS SO ORDERED. DATED: June 10, 2011 6 7 Hon. Jeffrey T. Miller United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1:08-C V-1221-JT M (M D D )

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?