Fugawa v. Trimble et al

Filing 82

AMENDED SECOND SCHEDULING ORDER signed by Chief Judge Lawrence J. O'Neill on 10/23/2018. Telephonic Trial Confirmation Hearing set for 11/28/2018 at 09:00 AM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill; Jury Trial set for 1/22/2019 at 01:30 PM in Courtroom 4 (LJO) before Chief Judge Lawrence J. O'Neill.(Flores, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

PETER FUGAWA,

10

Case No. 11-cv-00966-LJO-SKO (PC)

Plaintiff,
AMENDED SECOND
SCHEDULING ORDER

11

v.

12

L. De ARMOND,

13

Telephonic Trial Confirmation Hearing: November 28,
2018, at 9:00 AM in Courtroom 4 (LJO)

Defendant.
Jury Trial: January 22, 2019, at 1:30 PM in Courtroom 4
(LJO)

14
15

This action is scheduled for jury trial on January 22, 2019, and a Second Scheduling Order

16
17
18
19

has issued. (Docs. 74, 76.) Plaintiff requests modification of the Second Scheduling Order.
(Doc. 80.) Defense counsel has indicated that there is no opposition and that both parties agree to
move the Telephonic Trial Confirmation Hearing to November 28, 2018.1
Accordingly, the Court HEREBY ORDERS the pretrial schedule for this litigation is

20
21

amended as follows:
1. The telephonic trial confirmation hearing is rescheduled to November 28, 2018 at

22

9:00 AM before Chief Judge Lawrence J. O’Neill; 2

23

2. The deadline to file motions for attendance of incarcerated witnesses is rescheduled

24

to November 14, 2018;

25
26
27
28

For Plaintiff’s edification, the Telephonic Trial Confirmation Hearing is the final pretrial conference for purposes
of Local Rule 281. Aside from the schedule modifications herein, Plaintiff may subpoena unincarcerated witnesses
for trial pursuant to Federal Rule of Civil Procedure 45 subject to requirements set forth in the Second Scheduling
Order if he desires service by the United States Marshall.
2 The modification request indicates that Plaintiff’s counsel intends to personally attend this conference, in which
event defense counsel may call [phone] directly.
1

1

1

3. The deadline to file oppositions or statements of non-opposition to motions for the

2
3

attendance of incarcerated witnesses is rescheduled to December 5, 2018;
4. If Plaintiff wishes to obtain the attendance of unincarcerated witnesses who refuse

4

to testify voluntarily via his in forma pauperis status, Plaintiff must notify the Court

5

of their names and locations on or before November 14, 2018, and Plaintiff must

6

submit the money orders, as described in subsection 4 of the Second Scheduling

7

Order, (Doc. 76), to the Court on or before December 5, 2018; and

8

5. All other dates and requirements set forth in the Second Scheduling Order remain in

9

effect.

10
11
12
13

IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill _____

October 23, 2018

UNITED STATES CHIEF DISTRICT JUDGE

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2