Van Buren v. Waddle et al

Filing 94

ORDER Modifying Trial Scheduling Order to Require Parties to File Joint Pretrial Statement on or Before 07/14/2017 re 93 , signed by Magistrate Judge Michael J. Seng on 6/5/17. (Gonzalez, R)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

IRVIN VAN BUREN,

13
14
15
16
17
18
19
20

Plaintiff,
v.
C. WADDLE, et al.,
Defendants.

CASE NO. 1:14-cv-01894-DAD-MJS (PC)
ORDER MODIFYING TRIAL
SCHEDULING ORDER TO REQUIRE
PARTIES TO FILE JOINT PRETRIAL
STATEMENT ON OR BEFORE JULY 14,
2017
(ECF No. 93)
ALL OTHER DATES TO REMAIN THE
SAME
Telephonic Trial Confirmation Hearing
July 31, 2017, at 1:30 p.m. in Courtroom 5
(DAD)

21
22

Jury Trial: September 26, 2017, at 8:30 a.m.
in Courtroom 5 (DAD)

23
24
25
26
27
28

Plaintiff is a prisoner proceeding in forma pauperis with counsel in this civil rights
action brought pursuant to 42 U.S.C. § 1983. This action proceeds on the First Amended
Complaint on Plaintiff’s excessive force claim against Defendants Waddle, Neibert,
Ronquillo, and Walinga in violation of the Eighth Amendment to the United States

1
2
3

Constitution.
On March 22, 2017, the Court issued a Trial Scheduling Order setting forth the
following deadlines:

4



Plaintiff’s pretrial statement due on or before June 5, 2017

5



Defendants’ pretrial statement due on or before July 3, 2017

6



Telephonic Pretrial Conference on July 31, 2017 at 1:30 p.m. before the

7
8
9
10

Honorable Judge Dale A. Drozd


Jury Trial on September 26, 2017 at 8:30 a.m. before the Honorable Judge
Drozd

(ECF No. 84.)

11

On May 5, 2017, the Court appointed attorney M. Greg Mullanax to represent

12

Plaintiff pro bono. (ECF No. 89.) On June 2, 2017, Mr. Mullanax filed a motion seeking a

13

twenty-five day extension of time to file Plaintiff’s pretrial statement. (ECF No. 93.) Mr.

14

Mullanax avers that he was out of town for much of May and was therefore unable to

15

meet with his client prior to the expiration of the June 5, 2017 deadline. (Decl. of M.

16

Mullanax (ECF No. 93-1) ¶ 4.) Mr. Mullanax and Defendants’ counsel, Joanna B. Hood

17

and Lucas Hennes of the Office of the Attorney General, have stipulated to moving their

18

pretrial statement deadlines to June 30 and July 28, 2017, respectively. (ECF No. 93 ¶

19

3.) Neither party asks to reschedule the pretrial hearing or the trial.

20

The parties’ proposed schedule leaves too little time for the Court to review the

21

pretrial statements and prepare properly for the July 31, 2017 pretrial conference. For

22

good cause shown, however, the Court will exercise its authority, Fed. R. Civ. P.

23

16(b)(4), to modify its own scheduling order, as follows:

24
25

The parties are DIRECTED to meet and confer and submit a joint pretrial
statement on or before July 14, 2017. No extensions will be granted absent a showing

26
27
28
2

1
2
3

of good cause.
All other dates and deadlines remain the same as set forth in the March 22, 2017
scheduling order.

4
5
6

IT IS SO ORDERED.
Dated:

June 5, 2017

/s/

7

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3