Espinoza v. California Highway Patrol et al

Filing 73

ORDER GRANTING 69 Defendant's Motion to Modify the Court's Scheduling Order, signed by Magistrate Judge Jennifer L. Thurston on 1/11/2018. Non-expert discovery for purpose of taking plaintiff's deposition to be completed by 3/9/2018 . Non-Dispositive Motion Deadlines: Filed by 3/23/2018; Hearing by 4/20/2018. Dispositive Motion Deadlines: Filed by 5/11/2018; Hearing by 6/22/2018. Pretrial Conference CONTINUED to 7/17/2018 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial CONTINUED to 9/10/2018 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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CALIFORNIA HIGHWAY PATROL, et al., )
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Defendants.
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ERNEST J. ESPINOZA,

Case No.: 1:16-cv-0193 - JLT
ORDER GRANTING DEFENDANT’S MOTION
TO MODIFY THE COURT’S SCHEDULING
ORDER
(Doc. 69)

Defendant filed a motion to amend the case schedule to allow time to depose the plaintiff and

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corresponding later dates. (Doc. 69) The defendants seek the case amendments due to the fact that

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new counsel has taken over the file and the discovery needs identified by the new attorney. Id. at 8-

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10. The Court ordered the plaintiff to respond to the motion (Doc. 72), but has not done so. Indeed,

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the order that the Court mailed to the plaintiff has been returned by the United States Postal Service

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because he is no longer at the address he had previously provided.1 Therefore, because the Court sees

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no prejudice to the plaintiff in light of what appears to be his abandonment of this case, the Court

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ORDERS the case schedule to be amended as follows:
1.

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Non-expert discovery is reopened for the purpose of taking the deposition of the

plaintiff. The deposition SHALL be completed no later than March 9, 2018;

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Plaintiff must file his change of address no later than March 19, 2018. Failure to do so will result in the Court dismissing
the action.

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a.

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heard no later than April 20, 2018;
b.

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Non dispositive motions SHALL be filed no later than March 23, 2018 and

Dispositive motions SHALL be filed no later than May 11, 2018 and heard no

later than June 22, 2018;

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c.

The pretrial conference is continued to July 17, 2018 at 10:00 a.m.;

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d.

The trial is continued to September 10, 2018 at 8:30 a.m.

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IT IS SO ORDERED.
Dated:

January 11, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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