(PC) Cortinas v. Vasquez et al

Filing 140

ORDER DENYING 139 Defendants' Motion for Administrative Relief signed by Magistrate Judge Sheila K. Oberto on 1/17/2023. (Lawrence, A)

Case 1:19-cv-00367-JLT-SKO Document 140 Filed 01/17/23 Page 1 of 2

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LARRY WILLIAM CORTINAS,

12

Plaintiff,

13

v.

14

VASQUEZ, et al.,

15

No. 1:19-cv-00367-JLT-SKO (PC)
ORDER DENYING DEFENDANTS’
MOTION FOR ADMINISTRATIVE
RELIEF

Defendants.

16
17
18

I.

19

On December 20, 2022, this Court issued an Order, inter alia, setting an evidentiary

RELEVANT PROCEDURAL BACKGROUND

20

hearing in this matter for April 6, 2023. (Doc. 137.) On January 5, 2023, the Court issued an

21

Order Resetting Date for Evidentiary Hearing, continuing the hearing from April 6, 2023, to April

22

13, 2023, at 10:00 a.m. (Doc. 138.)

23

On January 11, 2023, Defendants filed a Motion for Administrative Relief to Continue

24

April 13, 2023 Hearing. (Doc. 139.) Defense counsel seeks a two-week continuance to April 27,

25

2023. (Id.)

26

//

27

//

28

//

Case 1:19-cv-00367-JLT-SKO Document 140 Filed 01/17/23 Page 2 of 2

1

II.

DISCUSSION

2

Defendants request a continuance of the evidentiary hearing, presently set for April 13,

3

2023, at 10:00 a.m. Defense counsel states she is scheduled to attend mandatory work-related

4

training for new supervisors from March 20, 2023, through April 21, 2023. Defense counsel

5

states the training presents a conflict for her.

6

The evidentiary hearing was originally set for April 6, 2023, in an order issued on

7

December 20, 2022. (See Doc. 137.) Defense counsel did not seek a continuance following the

8

issuance of that December 20, 2022 order, despite stating that she signed up for the training in

9

October 2022 and becoming aware of a conflict on December 20, 2022.

10

On January 5, 2023, the Court continued the evidentiary hearing from April 6 to April 13,

11

2023, to “better accommodate the procedures outlined in the Court’s December 20, 2022 Order,

12

as well as the Court’s calendar.” (Doc. 138.)

13

Since this case has been pending for several years, because Defendants did not previously

14

indicate a conflict with the earlier hearing date, and the Court cannot accommodate counsel’s

15

requested April 27, 2023 date, Defendants’ motion will be denied.

16

III.

CONCLUSION AND ORDER

17

For the foregoing reasons, Defendants’ Motion for Administrative Relief (Doc. 139) is

18

DENIED. All parties shall attend and participate in the evidentiary hearing on April 13,

19

2023, at 10:00 a.m. via the Zoom videoconference.

20
21
22
23

IT IS SO ORDERED.
Dated:

/s/ Sheila K. Oberto

January 17, 2023

.

UNITED STATES MAGISTRATE JUDGE

24
25
26
27
28
2