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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL HERNANDEZ GONZALEZ,

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Plaintiff,

ORDER DENYING PLAINTIFF’S MOTION
FOR A TRIAL DATE

v.
THE FRESNO SHERIFF’S
DEPARTMENT, et al.,

(ECF No. 71)

Defendants.

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Case No. 1:15-cv-01200-BAM (PC)

Plaintiff Michael Hernandez Gonzalez (“Plaintiff”), who was a pretrial detainee at the

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time of the incident, is proceeding pro se and in forma pauperis in this civil rights action pursuant

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to 42 U.S.C. § 1983. This action proceeds against Defendants Mims, Gutierrez, Palacios, and

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Nemoto for allegedly failing to protect Plaintiff in violation of the Fourteenth Amendment. The

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Court issued an amended discovery and scheduling order on March 20, 2018. (ECF No. 68.)

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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

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August 20, 2018, and the deadline for dispositive motions (other than a motion for summary

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judgment for failure to exhaust) is October 19, 2018. Defendants have not indicated that they

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wish to forego filing a dispositive motion in this matter, and therefore this action is not ready to

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set for trial.

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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
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address on the docket, and Defendants will receive notice of that. However, Plaintiff is also

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reminded that he is responsible for notifying the Court and all other parties of any changes to his

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mailing address.

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Accordingly, Plaintiff’s motion to set a trial date, (ECF No. 71), is DENIED.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

August 22, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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