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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DELTON L. TAYLOR,

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Plaintiff,

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v.
HARISHKUMAR PATEL, et al.,

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CASE NO. 1:14-cv-01754-DAD-MJS (PC)
ORDER GRANTING MOTION TO MODIFY
TRIAL SCHEDULING ORDER
(ECF No. 57)

Defendants.

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Plaintiff is a prisoner proceeding pro se and in forma pauperis in this civil rights

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action pursuant to 42 U.S.C. § 1983. On September 20, 2017, the Court entered a trial

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scheduling order setting trial for April 3, 2018 at 1:00 PM. (ECF No. 51.) On October 13,

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2017, Defendants filed a motion to modify the trial scheduling order because of witness

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unavailability. (ECF No. 57.) Defendants prepared a stipulation and requested Plaintiff’s

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consent to the modification, but Plaintiff did not respond. (Id.) To date, Plaintiff has not

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filed a response to the motion to modify scheduling order and the time to do so has

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passed. The Court will take Plaintiff’s non-response as consent to modify the scheduling

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order.

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Under the Local Rules of Practice for the United States District Court for the

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Eastern District of California, opposition, if any, to the granting of a motion “shall be in

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writing and shall be filed and served not less than fourteen (14) days preceding the

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noticed (or continued) hearing date.” Local Rule 230(c). Plaintiff provided no opposition

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and the time for doing so has expired. The Court reads the failure to oppose as non

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opposition to the motion.

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Accordingly, IT IS HEREBY ORDERED that the motion to modify the trial

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scheduling order (ECF No. 57) is GRANTED and the Jury Trial date shall now be

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rescheduled from April 3, 2018 at 1:00 PM to April 10, 2018 at 8:30 AM. All other dates

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in the trial scheduling order shall remain unchanged.

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IT IS SO ORDERED.
Dated:

November 13, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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