Brown v. Harris et al

Filing 120

ORDER GRANTING Stipulated Request to Supplement Joint Status Report in Seven Days signed by Magistrate Judge Barbara A. McAuliffe on 3/29/2017. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CORNELL BROWN,
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Plaintiff,
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v.
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R. HARRIS,
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Defendant.
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Case No.: 1:12-cv-01472-BAM (PC)
ORDER GRANTING STIPULATED REQUEST TO
SUPPLEMENT JOINT STATUS REPORT IN
SEVEN DAYS
Joint Status Report Due: April 4, 2017

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Plaintiff Cornell Brown is a state prisoner proceeding in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. The parties have consented to magistrate judge jurisdiction

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pursuant to 28 U.S.C. § 636(c). (ECF Nos. 5, 83.) This action proceeds against Defendant Harris on

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Plaintiff’s claim of excessive force arising out of events on April 12, 2012.

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On March 22, 2017, the Court vacated the May 30, 2017 trial date in this case. (ECF No. 117.)

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The Court ordered the parties to submit a joint status report by March 28, 2017, selecting new dates

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for trial and a trial confirmation hearing. (Id. at 5-6.) In addition, the Court ordered the parties to

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designate deadlines for submission of a joint pretrial statement and expert reports, as well as the

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completion of expert depositions. (Id. at 6.) The Court also encouraged the parties to consider

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participating in a settlement conference before a magistrate judge. (Id.)

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The parties were able to come to an agreement regarding a settlement conference, which has
been set for July 7, 2017, before Magistrate Judge Carolyn K. Delaney. (ECF No. 119.)

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However, the parties were unable to select a date for trial from those currently provided by the

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Court during which all parties and witnesses are available. Additional available dates have been

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obtained from the courtroom deputy. The parties seek an extension of seven days, until April 4, 2017,

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to further determine their availability for trial at the new proposed dates, and to submit a supplemental

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joint status report.

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The Court reminds the parties that it is allowing them to submit stipulated proposed dates and

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deadlines as a courtesy, and that setting a scheduling order for this case to proceed to trial and will not

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be unreasonably delayed. Nevertheless, good cause being shown for the brief extension being

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requested, the Court shall grant that request.

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Accordingly, it is HEREBY ORDERED that:

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1.

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The parties’ stipulated request to supplement their joint status report, filed March 28,

2017 (ECF No. 118) is GRANTED;
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The parties shall file their supplemental joint status report selecting new dates for trial

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and a trial confirmation hearing, as well as deadlines for submission of a joint pretrial statement and

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expert reports, and for completion of expert depositions, on or before April 4, 2017; and

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3.

No further extensions of time shall be granted, absent a showing of good cause.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

March 29, 2017

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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