Richardson, et al v. Runnels, et al

Filing 62

ORDER signed by Judge Morrison C. England, Jr on 2/25/10 ORDERING that defendants' 61 Motion to Modify the Scheduling Order is DENIED. The dates previously set are confirmed. (Owen, K)

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 v. R.L. RUNNELS, et al., Defendants. / This action is set for pretrial conference March 25, 2010, and jury trial April 26, 2010. On February 16, 2010, defendants DEWAYNE MCGEE RICHARDSON, Plaintiff, ORDER No. 2:04-cv-00393-MCE-GGH-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

filed a request for leave to file a supplemental summary judgment motion and a request to modify the scheduling order. Defendants

also request that the court reset the trial date due to defense counsel's work schedule and upcoming paternity leave. The Ninth Circuit Court of Appeals specifically remanded this action for trial. For that reason, the request for leave to The

file a supplemental summary judgment motion is denied. request to modify the scheduling order is also denied. 1

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Any additional delay in bringing a 2004 case to trial will not serve the interests of justice. Evidence will become stale and In addition, all parties

witness memories will continue to fade.

recently argued the merits of this case before the Ninth Circuit so those arguments and the facts of the case should be memorable to everyone involved. Accordingly, IT IS HEREBY ORDERED that defendants' February 16, 2010, motion for leave to file a supplemental summary judgment motion and to modify the scheduling order (No. 61) is DENIED. The dates and times set for the Final Pretrial

Conference (March 25, 2010 at 2:00 PM) and Jury Trial (April 26, 2010 at 9:00 AM) are confirmed. Dated: February 25, 2010 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

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