Zuniga v. Jordan et al

Filing 67

ORDER DENYING Plaintiff's 65 Motion to Vacate Trial and Amending Motion in Limine Date; Plaintiff's Motions in Limine Due by June 15, 2012 signed by Chief Judge Anthony W. Ishii on 6/12/2012. (Sant Agata, S)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7
EASTERN DISTRICT OF CALIFORNIA
8
9

LARRY ZUNIGA,

10
11
12
13

CASE NO. 1:09-cv-01208-AWI-BAM PC
Plaintiff,

v.
CHRIS JORDAN, et al.,
Defendants.

ORDER DENYING PLAINTIFF’S MOTION TO
VACATE TRIAL AND AMENDING MOTION
IN LIMINE DATE
(ECF Nos. 64, 65)
PLAINTIFF’S MOTIONS IN LIMINE DUE BY
/ JUNE 15, 2012

14
15

Plaintiff Larry Zuniga (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis

16

in this civil rights action pursuant to 42 U.S.C. § 1983. This matter is currently set for a motion in

17

limine hearing on June 25, 2012, and jury trial on July 17, 2012. On May 11, 2012, Plaintiff filed

18

a motion to vacate the trial date because he has been denied access to his property and is unable to

19

prepare for trial. On May 14, 2012, motions in limine were due. On June 1, 2012, an order issued

20

denying Plaintiff’s motion to vacate the jury trial. On June 4, 2012, Plaintiff filed a second motion

21

to vacate the jury trial and Defendants filed an opposition.

22
23

Initially, in the order issued June 1, 2012, two different dates were stated for Plaintiff to file
his motions in limine. Plaintiff’s motions in limine shall be due on June 15, 2012.

24

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

25

At this time, the Court shall deny Plaintiff’s motion to vacate the trial date. Plaintiff’s lack of access

26

has been addressed by a court order. Plaintiff has been granted an extension of time to June 15,

27

2012, to file his motions in limine and opposition to Defendants’ motions in limine. The Court

28

requested that defense counsel contact the prison and facilitate Plaintiff’s access to his legal property
1

1

and materials needed to prepare for trial. Accordingly, it is HEREBY ORDERED that:

2

1.

Plaintiff’s motion to vacate the jury trial, filed June 4, 2012, is DENIED; and

3

2.

Plaintiff’s motions in limine are due on or before June 15, 2012, and Defendants’

4
5

opposition shall be due on or before June 20, 2012.
IT IS SO ORDERED.

6
7

Dated:
0m8i78

June 12, 2012
CHIEF 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