Gonzalez v. The Fresno Sheriff's Department et al

Filing 73

ORDER DENYING Plaintiff's Motion for a Trial Date 71 , signed by Magistrate Judge Barbara A. McAuliffe on 8/22/2018. (Hellings, J)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 MICHAEL HERNANDEZ GONZALEZ, 10 11 12 13 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR A TRIAL DATE v. THE FRESNO SHERIFF’S DEPARTMENT, et al., (ECF No. 71) Defendants. 14 15 Case No. 1:15-cv-01200-BAM (PC) Plaintiff Michael Hernandez Gonzalez (“Plaintiff”), who was a pretrial detainee at the 16 time of the incident, is proceeding pro se and in forma pauperis in this civil rights action pursuant 17 to 42 U.S.C. § 1983. This action proceeds against Defendants Mims, Gutierrez, Palacios, and 18 Nemoto for allegedly failing to protect Plaintiff in violation of the Fourteenth Amendment. The 19 Court issued an amended discovery and scheduling order on March 20, 2018. (ECF No. 68.) 20 21 22 Currently before the Court is Plaintiff’s motion to set a trial date, as well as a request to update his mailing address, filed August 21, 2018. (ECF No. 71.) Plaintiff’s request to set this matter for trial is premature. Discovery has just concluded on 23 August 20, 2018, and the deadline for dispositive motions (other than a motion for summary 24 judgment for failure to exhaust) is October 19, 2018. Defendants have not indicated that they 25 wish to forego filing a dispositive motion in this matter, and therefore this action is not ready to 26 set for trial. 27 28 To the extent Plaintiff merely requests that the Court set a trial date so that he may inform Defendants of his new address, Plaintiff is informed that the Court has updated his mailing 1 1 address on the docket, and Defendants will receive notice of that. However, Plaintiff is also 2 reminded that he is responsible for notifying the Court and all other parties of any changes to his 3 mailing address. 4 Accordingly, Plaintiff’s motion to set a trial date, (ECF No. 71), is DENIED. 5 6 7 IT IS SO ORDERED. Dated: /s/ Barbara August 22, 2018 A. McAuliffe _ 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 2

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