Centeno et al v. City Of Fresno et al

Filing 31

ORDER DENYING STIPULATION TO AMEND SCHEDULING ORDER WITHOUT PREJUDICE (ECF No. 30 ): It is hereby ordered that the parties' stipulation to amend the July 21, 2016 scheduling order is DENIED without prejudice. Signed by Magistrate Judge Stanley A. Boone on 12/30/2016. (Valdez, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHANNEL CENTENO, et al.,
Plaintiffs,

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Case No. 1:16-cv-00653-DAD-SAB
ORDER DENYING STIPULATION TO
AMEND SCHEDULING ORDER WITHOUT
PREJUDICE

v.

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CITY OF FRESNO, et al.,

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(ECF No. 30)

Defendants.

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On July 21, 2016, the scheduling order issued in this action. On December 29, 2016, the

16 parties filed a stipulation to amend certain deadlines in the July 21, 2016 scheduling order so
17 they can complete discovery which will allow the parties to fully explore settlement. The
18 deadlines proposed in the scheduling order do not provide sufficient time between the proposed
19 dates and the pretrial conference to allow the court to hear and decide any dispositive motions.
20 Accordingly, the parties’ stipulation to amend the scheduling order is denied without prejudice.
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The parties are advised that pursuant to the Local Rules the hearing a motion is to be

22 noticed not less than twenty-eight days after service and filing of the motion. L.R. 230(b). The
23 proposed schedule does not allow the district judge sufficient to time to hear the motion and
24 issue an order addressing the motion prior to the pretrial conference.

In order to allow

25 consideration of the motion and for the parties to have time to file a meaningful pretrial
26 statement, the proposed schedule should allow ten weeks between the motion filing deadline and
27 the pretrial conference. Additionally if the parties wish to advance the settlement conference
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Based on the foregoing, IT IS HEREBY ORDERED that the parties’ stipulation to amend

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2 the July 21, 2016 scheduling order is DENIED without prejudice.
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IT IS SO ORDERED.

5 Dated:

December 30, 2016
UNITED STATES MAGISTRATE JUDGE

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