United States of America v. Weldon et al

Filing 61

ORDER GRANTING IN PART DEFENDANT'S MOTION FOR CONTINUANCE; Motion for Summary Judgment Hearing currently set for 9/21/2020 is continued to 11/30/2020 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, Pre-Settlement Conf erence currently set for 11/12/2020 is continued to 1/7/2021 at 04:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, Settlement Conference currently set for 11/19/2020 is continued to 1/14/2021 at 10:30 AM in Courtroom 7 (SKO) b efore Magistrate Judge Sheila K. Oberto, Pretrial Conference currently set for 12/2/2020 is continued to 2/4/2021 at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, Bench Trial currently set for18/26/2021 is continued to 4/6/2021 at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Order signed by Magistrate Judge Sheila K. Oberto on 9/4/2020. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
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Plaintiff,
v.

Case No. 1:18-cv-01318-AWI-SKO
ORDER GRANTING IN PART
DEFENDANT’S MOTION FOR
CONTINUANCE

PAUL D. WELDON, et al.,
Defendants.
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(Doc. 58)

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On September 25, 2018, Plaintiff United States brought this action to reduce Defendant Paul

15 D. Weldon’s federal tax assessments to judgment and to foreclose federal tax liens against certain
16 real property. (See Doc. 1.) Plaintiff filed a motion for summary judgment on August 24, 2020,
17 which is set to be heard on September 21, 2020. (See Doc. 55.)
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On August 28, 2020, Defendant, proceeding pro se, filed a “Motion for Continuance of

19 Matter” (the “Motion”) requesting a 90-day continuance due to having “an aged Mother that needs
20 attention in transitional matters from assisted living to a more intense level of care” and “for other
21 personal matters that need attention and to further to seek Counsel in All matters.” (Doc. 58.) The
22 Court entered a minute order on August 31, 2020, noting that although the Motion did not specify
23 whether the request is directed to all deadlines of only those pertaining to Plaintiff’s pending motion
24 for summary judgment, the Court would construe it as seeking to continue the entire case schedule
25 by 90 days. (See Doc. 59.) The Court further directed Plaintiff to file a response by no later than
26 September 3, 2020, given the impending deadlines in the case. (See id.)
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On September 3, 2020, Plaintiff filed an opposition to the Motion, in view of the age of the

28 case, Defendant’s past attempts to retain an attorney, and the unclear timeframe required to assist

1 Defendant’s mother. (See Doc. 60.) Plaintiff does not oppose to a shorter continuance for Defendant
2 to continue his attempt to retain an attorney and to attend to his mother’s needs. (See id.)
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While good cause exists to grant Defendant a continuance, the Court finds that a continuance

4 of 90 days is excessive, given the age of the case and Defendant’s past opportunities to retain an
5 attorney (see, e.g., Doc. 29). Accordingly, Defendant’s Motion (Doc. 58) is GRANTED in PART,
6 and the case deadlines (see Docs. 37, 54) are enlarged by approximately 60 days, subject to the
7 Court’s availability, as follows:
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EVENT
Hearing on Plaintiff’s Motion for
Summary Judgment

CURRENT DATE
September 21, 2020

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Pre-Settlement Telephonic
Conference
Settlement Conference

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Pretrial Conference

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Trial

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November 30, 2020 at 1:30
p.m.

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NEW DATE AND TIME

November 12, 2020
November 19, 2020
December 2, 2020
January 26, 2021

January 7, 2021 at 4:00 p.m.
January 14, 2021 at 10:30
a.m.
February 4, 2021, at 10:00
a.m.
April 6, 2021, at 8:30 a.m.

Defendant is advised that any further requests for extensions of time, to the extent not
stipulated, shall be made by a motion pursuant to Local Rule 230 that is filed no later than two
weeks before the deadline sought to be enlarged and be supported by good cause. Defendant
is further advised that a request for continuance based on the need for additional time to retain an
attorney will not constitute good cause, as Defendant has had ample opportunity during the twoyear pendency of this case in which to do so.

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Dated:

September 4, 2020

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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