Ka'anoi v. Dail et al

Filing 40

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/8/09 ORDERING that the Final Pretrial Conference, which is currently scheduled for 10/07/09 is VACATED.(Mena-Sanchez, L)

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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. DRMS DIRECTOR LT. GEN. ROBERT T. DAIL, Defendant. / Plaintiff proceeds pro se in this action, which was referred to the undersigned pursuant to Eastern District of California Local Rule 72-302(c)(21). See 28 U.S.C. 636(b)(1). On January 26, 2009, the undersigned issued a status (pretrial scheduling) order setting, inter alia, July 29, 2009 as the last date to complete law and motion, October 7, 2009 as the date of the final pretrial conference, and December 7, 2009 as the trial commencement date. Dckt. No. 30. On June 26, 2009, defendant filed a motion for summary judgment, and noticed it for hearing on July 29, 2009. Dckt. No. 33. However, because plaintiff failed to file an opposition or a statement of non-opposition to the motion, on July 23, 2009, the court issued an order to show cause to plaintiff and continued the hearing on the motion to September 9, 2009. Dckt. No. 35. Then, on July 29, 2009, the parties filed a stipulation and proposed order to continue the 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA EDWARD KA'ANOI, Plaintiff, No. CIV S-07-2722 JKS EFB PS ORDER 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 hearing on the summary judgment motion to September 23, 2009. Dckt. No. 37. On July 31, 2009, the court approved the parties' stipulation and proposed order, and continued the hearing on the summary judgment motion to October 14, 2009. Because the motion for summary judgment is not scheduled to be heard until October 14, 2009, the court finds that good cause justifies vacating the final pretrial conference, which is currently scheduled for October 7, 2009. If necessary, once the court resolves defendant's summary judgment motion, it will reschedule the final pretrial conference and direct the parties to file the joint pretrial statement required by the January 26, 2009 scheduling order.1 IT IS SO ORDERED. DATED: September 8, 2009. The court acknowledges that there is little time between the hearing on defendant's summary judgment motion and the scheduled trial commencement date. Therefore, the court may require the parties to submit a joint pretrial statement within fewer days of the final pretrial conference than indicated in the January 26, 2009 scheduling order. 2 1

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