Chess v. Dovey et al

Filing 146

ORDER signed by Magistrate Judge Dale A. Drozd on 06/12/12 ordering plaintiff's motion for an extension of time 143 is denied. Plaintiff's motion for appointment of a mediator or arbitrator 144 is denied. As reflected in the court's previous orders, this matter is proceeding to jury trial on 06/25/12. Plaintiff is bound by all deadlines set forth in the court's 06/05/12 pretrial order. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL CHESS,

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Plaintiff,

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vs.

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No. 2:07-cv-1767 DAD P

J. DOVEY, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se. Plaintiff recently substituted

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himself in pro per in place of his former attorney William E. Gilg as counsel of record in this

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action. Pending before the court is plaintiff’s motion for an extension of time to file pretrial

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motions as well as plaintiff’s motion for appointment of a mediator or arbitrator.

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It does not appear that plaintiff had the benefit of the court’s recent orders when

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he filed his motion for an extension of time. The court will reiterate in this order that this matter

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is proceeding to jury trial on June 25, 2012, and plaintiff is bound by all of the deadlines as stated

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in the court’s pretrial order. Accordingly, plaintiff’s motion for an extension of time will be

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denied.

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As to plaintiff’s motion for appointment of a mediator or arbitrator, as the court
explained at the pretrial conference, the court will only set this matter for a further settlement
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conference if the parties submit a joint request indicating that they believe a further settlement

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conference would be useful. Defense counsel has made clear up to this point that a further

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settlement conference would not be productive. Accordingly, plaintiff’s motion for appointment

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of a mediator or arbitrator will be denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for an extension of time (Doc. No. 143) is denied;

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2. Plaintiff’s motion for appointment of a mediator or arbitrator (Doc. No. 144) is

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denied; and

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3. As reflected in the court’s previous orders, this matter is proceeding to jury

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trial on June 25, 2012. Plaintiff is bound by all deadlines set forth in the court’s June 5, 2012

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Pretrial Order.

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DATED: June 12, 2012.

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DAD:9
ches1767.deny

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