Price v. City of Corning

Filing 38

ORDER signed by Magistrate Judge Craig M. Kellison on 1/2/09 ORDERING the remaining dates set forth in the scheduling order 7 , including the 1/12/09 deadline for pretrial statements and the 2/23/09 trial, are VACATED. If the pending motion for summary judgment 33 is denied, the court will issue an order setting new trial and pretrial dates. (Carlos, 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 vs. CITY OF CORNING, et al., Defendants. / Plaintiff, proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1981. Pending before the court is defendants' unopposed motion for summary judgment (Docs. 18, 33). Pursuant to the scheduling order issued April 4, 2008 (Doc. 7), discovery is closed and the time to file pretrial motions has passed. This matter is currently set for trial on February 23, 2009, and the parties are required to file pretrial statements on or before January 12, 2009. However, because the pending motion for summary judgment may be dispositive of the entire case, the remaining dates in the scheduling order will be vacated. If the motion for summary judgment is denied, the court will issue an order setting a new trial and pretrial date. /// 1 GARY D. PRICE, Plaintiff, ORDER No. CIV S-07-2666-MCE-CMK IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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Accordingly, IT IS HEREBY ORDERED that: 1. The remaining dates set forth in the scheduling order (Doc. 7), including

the January 12, 2009 deadline for pretrial statements and the February 23, 2009 trial, are vacated; and 2. If the pending motion for summary judgment is denied, the court will issue

an order setting new trial and pretrial dates.

DATED: January 2, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

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