Johnson et al v. Chappell et al

Filing 18

ORDER signed by Judge Garland E. Burrell, Jr on 1/5/09 DENYING 16 Ex Parte Request to continue the last law and motion hearing date. (Donati, J)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

LUELLAR JOHNSON; DORONICA JOHNSON; JONATHAN CHAPPELL, a minor, by and through his Guardian Ad Litem; and ALEXANDRA DORRIS, a minor, by and through her Guardian Ad Litem, Plaintiffs, v. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS (HIGH DESERT STATE PRISON),1 Defendant.

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2:07-cv-1126-GEB-KJM

ORDER

On December 26, 2008, Defendant filed an ex parte request which effectively seeks to continue the last law and motion hearing date prescribed in the Rule 16 scheduling order. an objection to the request on December 26, 2008. The essence of Defendant's argument is that its counsel did not prepare a motion which could be timely noticed for hearing on the last prescribed law and motion hearing date because counsel Plaintiff filed

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worked on other cases and was not in his office on certain days. However, Defendant fails to show good cause exists justifying the modification of Rule 16 scheduling order it seeks. request is denied. IT IS SO ORDERED. Dated: January 5, 2009 Therefore, the

GARLAND E. BURRELL, JR. United States District Judge

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