Willis, et al. v. City Of Fresno, et al.

Filing 162

ORDER to Set Trial Setting Conference, signed by District Judge Lawrence J. O'Neill on 7/23/2013. (Trial Setting Conference set for 8/15/2013 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill.) (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRIS WILLIS, et al.,

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CASE NO. CV F 09-1766 LJO DLB

Plaintiffs,

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ORDER TO SET TRIAL SETTING
CONFERENCE

vs.
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CITY OF FRESNO, et al.,

Date: August 15, 2013
Time: 8:30 a.m.
Courtroom 4

Defendants.

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Given the Ninth Circuit's mandate, this Court SETS a trial setting conference for
August 15, 2013 at 8:15 a.m. before U.S. District Judge Lawrence J. O'Neill in Courtroom 4.

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The parties are encouraged to appear at the conference by arranging a joint one-line conference

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call and adding the Court at [phone] after the parties' counsel are on the line. This

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Court ORDERS the parties, no later than August 8, 2013, to file a joint statement to address

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further handling of this action, including completion of any remaining discovery and requested

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trial dates.

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Given this Court's undue caseload, U.S. District Judge Lawrence J. O'Neill is unable to

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commit to scheduled trial dates. As such, the parties are required to consider, and if necessary,

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to reconsider consent to one of the Court's U.S. Magistrate Judges to conduct all further

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proceedings in that the Magistrate Judges’ availability is far more realistic and accommodating

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to parties than that of U.S. District Judge Lawrence J. O'Neill who must prioritize criminal and

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older civil cases. A Magistrate Judge consent form is available on this Court’s website.
Civil trials set before Judge O'Neill trail until he becomes available and are subject to
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suspension mid-trial to accommodate criminal matters. Civil trials are no longer reset to a later

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date if Judge O'Neill is unavailable on the original date set for trial. If a trial trails, it may

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proceed with little advance notice, and the parties and counsel may be expected to proceed to
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trial with less than 24 hours notice. Moreover, this Court’s Fresno Division randomly and

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without advance notice reassigns civil actions to U.S. District Judges throughout the nation to

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serve as visiting judges. In the absence of Magistrate Judge consent, this action is subject to

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reassignment to a U.S. District Judge from outside the Eastern District of California. Case

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management difficulties, including trial setting and interruption, are avoided if the parties
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consent to conduct of further proceedings by a U.S. Magistrate Judge.

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IT IS SO ORDERED.

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Dated:

July 23, 2013

/s/

Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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