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