Young v. Mandeville, et al

Filing 172

ORDER signed by Senior Judge Lawrence K. Karlton on 8/5/09 ORDERING that the 10/20/09, trial date is VACATED. This matter is referred back to Judge Hollows to address a dispositive motion to be brought by dfts. Dfts have 45 days to file a summary j udgment motion, or to re-notice any previously vacated summary judgment motion. Following filing and serve of the motion, pltf will have 30 days to file any oppos, after which, dfts have 15 days to file a reply. Dfts' motion for reconsideration, filed on 7/16/09 168 , is DENIED as MOOT. Pltf's motion to proceed IFP 169 with separate trials on his claims is DENIED, and his belated motion 170 , for reconsideration of this court's 3/26/09 149 , is also DENIED. (Kastilahn, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. R. MANDEVILLE, et al., Defendants. / This matter came on for a trial confirmation hearing before the undersigned, on August 3, 2009. Jennifer Devencenzi appeared on behalf of defendants. Plaintiff pro se appeared via video-conferencing. At the hearing, while deploring defendants' failure to proceed on a dispositive motion in a timely manner in this case, the court nevertheless noted that this district is burdened with the heaviest of caseloads, necessitating that issues be narrowed for trial where such potential remains. Accordingly, IT IS ORDERED that: 1. The October 20, 2009, trial date is vacated, and this matter is referred back to Magistrate Judge Hollows to address a dispositive motion to be brought by defendants; 2. Defendants have forty-five (45) days to file a summary judgment motion, or to re-notice any previously vacated summary judgment motion; defendants are cautioned that they 1 ORDER EDDIE YOUNG, Plaintiff, No. CIV S-01-2360 LKK GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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will have no further opportunity to address any issue that should be resolved pre-trial; 3. Following filing and service of the motion, plaintiff will have thirty (30) days to file any opposition; after which, defendants will have fifteen (15) days to file a reply; 4. Defendants' motion for reconsideration, filed on July 16, 2009 (# 168), is denied as moot; plaintiff's motion to proceed with separate trials on his claims, filed on July 16, 2009 (#169), is denied, and his belated motion, filed July 31, 2009 (# 170), for reconsideration of this court's March 26, 2009 (# 149), is also denied. DATED: August 5, 2009.

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