Brisbin v. Vulcan Materials Company

Filing 44

ORDER CONTINUING Pretrial Conference and Trial Dates. Pretrial Conference is CONTINUED to 6/26/2013, at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. The Trial is CONTINUED to 8/20/2013, at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Order signed by Magistrate Judge Sheila K. Oberto on 1/31/2013. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN C. BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS,

CASE NO. 1:11-cv-00568-AWI-SKO

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ORDER CONTINUING PRE-TRIAL
CONFERENCE AND TRIAL DATES

Plaintiff,
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v.

(Docket No. 42)

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CALMAT CO, dba VULCAN
MATERIALS COMPANY - WESTERN
DIVISION,

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Defendant.
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CALMAT CO., dba VULCAN
MATERIALS COMPANY – WESTERN
DIVISION,

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Counter-Claimant,
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v.
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JOHN C. BRISBIN, an individual, dba
CONSTRUCTION DEVELOPMENT
SYSTEMS; WESTERN SURETY
COMPANY,

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Counter-Defendant.
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/
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On January 25, 2013, the Court issued a Minute Order vacating the Pretrial Conference and

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Trial dates in light of the continuance of the Settlement Conference. (Doc. 41.) The parties were

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ordered to "select a new Pretrial Conference date to be held on a Wednesday, Thursday or Friday

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after the Settlement Conference," and were also informed that "[t]he Court will set a new Trial date

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accordingly based on the new Pretrial Conference date." (Doc. 41.)

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On January 28, 2013, the parties filed a Stipulation to Continue Pretrial Conference and Trial

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dates. (Doc. 42.) Inexplicably and in contrast to the Court's January 25, 2013, Minute Order, the

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parties selected a new Trial date (not a Pretrial Conference date as ordered) and indicated that the

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Pretrial Conference be "reset by the Court." (Doc. 42.)

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The Court will nonetheless accommodate the parties' requested trial date with the caveat that

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since it falls on a Monday and Senior District Judge Ishii begins trials on Tuesdays, the trial will be

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set for August 20, 2013.

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Accordingly, the schedule is modified as follows:

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The Pretrial Conference is set for June 26, 2013; and

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2.

The Trial is set for August 20, 2013.

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IT IS SO ORDERED.

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Dated:
ie14hj

January 31, 2013

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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