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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 CORNELL BROWN, 10 Plaintiff, 11 v. 12 R. HARRIS, 13 Defendant. 14 ) ) ) ) ) ) ) ) ) ) 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 15 16 Plaintiff Cornell Brown is a state prisoner proceeding in forma pauperis in this civil rights 17 action pursuant to 42 U.S.C. § 1983. The parties have consented to magistrate judge jurisdiction 18 pursuant to 28 U.S.C. § 636(c). (ECF Nos. 5, 83.) This action proceeds against Defendant Harris on 19 Plaintiff’s claim of excessive force arising out of events on April 12, 2012. 20 On March 22, 2017, the Court vacated the May 30, 2017 trial date in this case. (ECF No. 117.) 21 The Court ordered the parties to submit a joint status report by March 28, 2017, selecting new dates 22 for trial and a trial confirmation hearing. (Id. at 5-6.) In addition, the Court ordered the parties to 23 designate deadlines for submission of a joint pretrial statement and expert reports, as well as the 24 completion of expert depositions. (Id. at 6.) The Court also encouraged the parties to consider 25 participating in a settlement conference before a magistrate judge. (Id.) 26 27 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.) 28 1 1 However, the parties were unable to select a date for trial from those currently provided by the 2 Court during which all parties and witnesses are available. Additional available dates have been 3 obtained from the courtroom deputy. The parties seek an extension of seven days, until April 4, 2017, 4 to further determine their availability for trial at the new proposed dates, and to submit a supplemental 5 joint status report. 6 The Court reminds the parties that it is allowing them to submit stipulated proposed dates and 7 deadlines as a courtesy, and that setting a scheduling order for this case to proceed to trial and will not 8 be unreasonably delayed. Nevertheless, good cause being shown for the brief extension being 9 requested, the Court shall grant that request. 10 Accordingly, it is HEREBY ORDERED that: 11 1. 12 13 The parties’ stipulated request to supplement their joint status report, filed March 28, 2017 (ECF No. 118) is GRANTED; 2. The parties shall file their supplemental joint status report selecting new dates for trial 14 and a trial confirmation hearing, as well as deadlines for submission of a joint pretrial statement and 15 expert reports, and for completion of expert depositions, on or before April 4, 2017; and 16 3. No further extensions of time shall be granted, absent a showing of good cause. 17 18 19 20 IT IS SO ORDERED. Dated: /s/ Barbara March 29, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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