King v. Deathriage et al

Filing 95

ORDER OVERRULING 94 Objection to Order Granting Defendant's Motion to Modify Scheduling Order and Continue Trial signed by Magistrate Judge Stanley A. Boone on 5/15/2017. (Sant Agata, S)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 MICHAEL STEVEN KING, 8 Plaintiff, 9 10 v. S. DEATHRIAGE, et al., 11 Defendants. 12 ) ) ) ) ) ) ) ) ) Case No.: 1:14-cv-00111-SAB (PC) ORDER OVERRULING OBJECTION TO ORDER GRANTING DEFENDANT’S MOTION TO MODIFY SCHEDULING ORDER AND CONTINUE TRIAL (ECF No. 94) 13 Currently before the Court is Plaintiff’s objection to the Court’s order granting Defendants’ 14 motion to continue the trial, filed on May 12, 2017. (ECF No. 94.) Plaintiff objects that defense 15 counsel should have informed the Court at an earlier time of Defendant Deathriage’s medical 16 situation. Plaintiff asserts that defense counsel has intentionally misled the Court, and he is prejudiced. 17 Plaintiff’s arguments were addressed at the April 21, 2017 hearing on Defendants’ motion. The 18 Court found no bad faith by Defendants or their counsel, and instead found good cause to continue the 19 trial date. More importantly, the defendant has not argued any undue prejudice to him nor has the 20 Court found any undue prejudice to Plaintiff under the circumstances. The Court advises the Plaintiff 21 to prepare for his trial as a number of deadlines are coming due soon for trial and a failure to file those 22 documents in a timely fashion could prejudice the plaintiff in presenting his claim to the jury. 23 Accordingly, Plaintiff’s objections are HEREBY OVERRULED. 24 25 IT IS SO ORDERED. 26 Dated: 27 28 May 15, 2017 UNITED STATES MAGISTRATE JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?