Perrotte v. Johnson et al

Filing 218

ORDER GRANTING 214 Plaintiff's Motion to Continue the Trial and AMENDED SECOND SCHEDULING ORDER signed by Magistrate Judge Stanley A. Boone on 6/5/2020. Telephonic Trial Confirmation Hearing set for 3/11/2021 at 08:30 AM in Courtroom 4 before UnassignedDJ. Jury Trial set for 4/27/2021 at 08:30 AM in Courtroom 4 before UnassignedDJ. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEFFREY P. PERROTTE,

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Plaintiff,
v.
STACEY JOHNSON,
Defendant.

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Case No. 1:15-cv-00026-NONE-SAB (PC)
ORDER GRANTING PLAINTIFF’S MOTION TO
CONTINUE THE TRIAL
(ECF No. 214)
AMENDED SECOND SCHEDULING ORDER
Telephonic Trial Confirmation
Hearing: March 11, 2021, at 8:30 a.m. in Courtroom
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Jury Trial: April 27, 2021, at 8:30 a.m. in Courtroom
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Plaintiff Jeffrey P. Perrotte is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.

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Currently before the Court is Plaintiff’s motion to continue the jury trial scheduled on

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September 1, 2020, filed on June 2, 2020. (ECF No. 214.) On June 3, 2020, Defendant Johnson filed

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a statement of non-opposition to Plaintiff’s motion for a continuance. (ECF No. 215.)

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On the basis of good cause, Plaintiff’s motion to continue the jury trial currently scheduled for

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September 1, 2020 is granted, and the deadlines set forth in the December 16, 2019 second scheduling

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order are amended as follows:
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March 11, 2021, at 8:30 a.m. in Courtroom 4;
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Defendant shall serve and file a pretrial statement as described in the December 16,

2019 second scheduling order on or before February 11, 2021;
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Plaintiff shall serve and file a pretrial statement as described in the December 16, 2019

second scheduling order on or before January 28, 2021;

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Counsel for Defendant is required to arrange for the participation of Plaintiff in the

telephonic trial confirmation hearing and to initiate the telephonic hearing at [phone];

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This matter is set for jury trial before a District Judge on April 27, 2021, at 8:30 a.m. in

Courtroom 4;

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This matter is set for telephonic trial confirmation hearing before a District Judge on

In addition to electronically filing their pretrial statement, Defendant shall e-mail the

pretrial statement to: [e-mail];
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If Plaintiff intends to call incarcerated witnesses at time of trial, Plaintiff shall serve and

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file a motion for attendance of incarcerated witnesses as described in this order on or before December

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28, 2020;

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The opposition to the motion for the attendance of incarcerated witnesses, if any, shall

be filed on or before January 11, 2021;
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If Plaintiff wishes to obtain the attendance of unincarcerated witnesses who refuse to

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testify voluntarily, Plaintiff must notify the Court of their names and locations on or before November

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30, 2020, and Plaintiff must submit the money orders, as described in subsection 4 of this order, to the

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Court on or before December 28, 2020;
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The Clerk’s Office shall send Plaintiff a copy of Local Rule 281; and

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All other provisions of the Court’s December 16, 2019 second scheduling order remain

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in full effect; and

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In light of the current COVID-19 pandemic and this Court’s lack of a District Judges,

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the parties are advised that they may consent to a United States Magistrate Judge conducting all

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proceedings, including trial and entry of final judgment, pursuant to 28 U.S.C. § 28 U.S.C. 636(c),

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Federal Rule of Civil Procedure 73, and Local Rule 305. The Eastern District Magistrate Judges, all

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experienced former trial lawyers, use the same jury pool and same court facilities as United States

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District Court Judges. Since Magistrate Judges do not conduct felony trials, they have greater

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flexibility and schedule firm trial dates. Judgment entered by a United States Magistrate Judge is

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appealable directly to the United States Court of Appeal for the Ninth Circuit. (While there are

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scheduling benefits to consenting to Magistrate Judge jurisdiction, substantive rulings and decisions

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will not be affected by whether a party chooses to consent or not.) As stated, in the Court’s February

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3, 2020 order, even in cases in which a trial date has been set, such trial dates will be subject to vacatur

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with little to no advance notice due to the anticipated press of proceedings related to criminal trials

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before this court, which have statutory priority over civil trials.
If the case results in full consent and the case does not settle the Court will amendable to

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issuing an order setting an earlier trial date should the parties wish.

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IT IS SO ORDERED.

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Dated:

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June 5, 2020
UNITED STATES MAGISTRATE JUDGE

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