Fresno Rock Taco, LLC v. National Surety Corporation

Filing 178

ORDER to VACATE TRIAL, signed by District Judge Lawrence J. O'Neill on 2/6/13. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO ROCK TACO, LLC,
et al.,

CASE NO. CV F 11-0845 LJO BAM

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Plaintiff,

ORDER TO VACATE TRIAL

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vs.
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NATIONAL SURETY CORPORATION,
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Defendant.
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/
U.S. District Judge Lawrence O’Neill’s official duties preclude him to conduct trial as currently
set. As such, this Court:

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1.

VACATES the April 23, 2012 trial;

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2.

ORDERS the parties, no later than February 13, 2013, to contact the assigned U.S.

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Magistrate Judge to set a conference to reset the trial date. All dates other than trial shall

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remain in effect, unless this Court orders otherwise on a showing of good cause;

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3.

ORDERS the parties to reconsider consent to a Magistrate Judge to conduct all further

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proceedings, including trial. The Magistrate Judges’ availability is far more realistic and

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accommodating to parties than that of the U.S. District Judges who carry the heaviest

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caseloads in the nation and must prioritize criminal and older civil cases over more

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recently filed civil cases; and

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4.

ADMONISHES the parties that if trial is reset before a District Judge rather than a
Magistrate Judge, the trial will trail indefinitely any higher priority criminal or older civil
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case trials and will not be reset to a continued date.

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IT IS SO ORDERED.
Dated:

February 6, 2013

/s/ Lawrence J. O'Neill
66h44d
UNITED STATES DISTRICT JUDGE

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