Arcure, et al. v. Meeker, et al.

Filing 22

ORDER to Term Motions 16 17 18 , signed by District Judge Lawrence J. O'Neill on 6/25/2013. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YVONNE ARCURE, et al.,
et al.,
Plaintiffs,

CASE NO. CV F 13-0541 LJO BAM
ORDER TO TERM MOTIONS
(Docs. 16-18)

vs.

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CALIFORNIA DEPARTMENT OF
DEVELOPMENTAL SERVICES,
et al.,
Defendants.
______________________________/

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This Court's June 7, 2013 order addressed defendant Department of Developmental
Service's (“DDS'”) motions to dismiss, strike and for a more definite statement. In response to
the order, plaintiffs filed their First Amended Complaint ("FAC") as a matter of course under
F.R.Civ.P 15(a).
U.S. District Judges in the Eastern District of California carry the heaviest caseload in
the nation and are unable to devote inordinate time and resources to individual cases and
matters. As such, U.S. District Judge Lawrence J. O'Neill relies on U.S. Magistrate Judges to
handle civil matters, including trial when parties consent to U.S. Magistrate Judge jurisdiction.
The Magistrate Judges' availability is far more realistic and accommodating to parties than that
of the Judge O'Neill, who must prioritize criminal and older civil cases over more recently filed
civil cases. If the parties consent to Magistrate Judge jurisdiction, the reassigned Magistrate
Judge can better accommodate the parties.
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Moreover, civil trials set before Judge O'Neill trail until he becomes available and are

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subject to suspension mid-trial to accommodate criminal matters. Civil trials are no longer

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reset to a later date if Judge O'Neill is unavailable on the original date set for trial. If a trial

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trails, it may proceed with little advance notice, and the parties and counsel may be expected to

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proceed to trial with less than 24 hours notice. Also, this Court's Fresno Division randomly

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and without advance notice reassigns civil actions to U.S. District Judges throughout the nation

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to serve as visiting judges. In the absence of Magistrate Judge consent, this action is subject to

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reassignment to a U.S. District Judge from outside the Eastern District of California. Case

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management difficulties, including law and motion, briefing schedules, trial setting and

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interruption, are avoided if the parties consent to conduct of further proceedings by a

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Magistrate Judge.

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The parties are required to consider, and if necessary, to reconsider consent to one of

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the Court’s Magistrate Judges. A Magistrate Judge consent form is available on this Court’s

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website. The parties and counsel are encouraged to contact United States Senators Diane

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Feinstein and Barbara Boxer to address this Court’s inability to accommodate the parties and

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this action. For further information regarding handling of this action, the parties may contact

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staff attorney Gary Green at [phone] or email him at [e-mail].

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On the basis of good cause, this Court:

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1.

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DENIES as moot DDS' motions to dismiss, strike and for a more definite

statement (docs 16-18);

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2.

DIRECTS the clerk to term docs. 16-18; and

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3.

ORDERS DDS, no later than July 18, 2013, to file and serve a response to the

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FAC.

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This Court will take no further action on DDS' motions to dismiss, strike and for a more
definite statement (docs 16-18).

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

June 25, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

66h44d

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