Taylor v. Patel et al

Filing 58

ORDER GRANTING 57 Motion to Modify Trial Scheduling Order signed by Magistrate Judge Michael J. Seng on 11/13/2017. Jury Trial set for 4/10/2018 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DELTON L. TAYLOR, 11 Plaintiff, 12 13 v. HARISHKUMAR PATEL, et al., 14 CASE NO. 1:14-cv-01754-DAD-MJS (PC) ORDER GRANTING MOTION TO MODIFY TRIAL SCHEDULING ORDER (ECF No. 57) Defendants. 15 16 Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights 17 action pursuant to 42 U.S.C. § 1983. On September 20, 2017, the Court entered a trial 18 scheduling order setting trial for April 3, 2018 at 1:00 PM. (ECF No. 51.) On October 13, 19 2017, Defendants filed a motion to modify the trial scheduling order because of witness 20 unavailability. (ECF No. 57.) Defendants prepared a stipulation and requested Plaintiff’s 21 consent to the modification, but Plaintiff did not respond. (Id.) To date, Plaintiff has not 22 filed a response to the motion to modify scheduling order and the time to do so has 23 passed. The Court will take Plaintiff’s non-response as consent to modify the scheduling 24 order. 25 Under the Local Rules of Practice for the United States District Court for the 26 Eastern District of California, opposition, if any, to the granting of a motion “shall be in 27 writing and shall be filed and served not less than fourteen (14) days preceding the 28 noticed (or continued) hearing date.” Local Rule 230(c). Plaintiff provided no opposition 1 and the time for doing so has expired. The Court reads the failure to oppose as non 2 opposition to the motion. 3 Accordingly, IT IS HEREBY ORDERED that the motion to modify the trial 4 scheduling order (ECF No. 57) is GRANTED and the Jury Trial date shall now be 5 rescheduled from April 3, 2018 at 1:00 PM to April 10, 2018 at 8:30 AM. All other dates 6 in the trial scheduling order shall remain unchanged. 7 8 9 10 IT IS SO ORDERED. Dated: November 13, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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