Elseth v. Speirs, et al

Filing 181

ORDER signed by Judge Garland E. Burrell, Jr on 8/30/11: On or before September 13, 2011, Defendant's referenced motion to dismiss shall be filed. On or before September 27, 2011, Plaintiff shall file a response to Defendant's motion. On or before October 4, 2011, Defendant may file a reply to Plaintiff's response. Motion Hearing set for 10/11/2011 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. The trial scheduled to commence on August 31, 2011 at 9:00 a.m. is vacated. Plaintiff's motion to give trial testimony and alternative motion for an order continuing the trial is denied as moot. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALLEN ELSETH, by his guardians
ad litem, Roger Elseth and
Patricia Ann Elseth,
Plaintiff,

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v.

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Deputy Probation Officer Jeff
Elorduy, individually,

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Defendant.
________________________________

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2:08-cv-02890-GEB-CMK
ORDER SETTING BRIEFING
SCHEDULE, VACATING TRIAL, AND
DECIDING PLAINTIFF’S
RECONSIDERATION MOTION

A hearing was scheduled on August 30, 2011, commencing at
11:00 a.m., on Plaintiff’s request that he be allowed to give trial
testimony by contemporaneous transmission from a location in Nevada.
However, for the second day in a row, Plaintiff’s counsel failed to make
an appearance at a scheduled hearing.

At the hearing, Defense counsel

moved for an order dismissing this action based, inter alia, on the
failure of Plaintiff’s counsel to appear at the hearings and to be ready
for trial scheduled to commence in this action.
In

light

of

Defendant’s

request,

and

the

failure

of

Plaintiff’s counsel to appear at two hearings, and his apparent failure
to be prepared to try this case, the following schedule is established:
(1)

On or before September 13, 2011, Defendant’s referenced
motion to dismiss shall be filed;

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(2)

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On or before September 27, 2011, Plaintiff shall file a
response to Defendant’s motion;

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(3)

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On or before October 4, 2011, Defendant may file a reply
to Plaintiff’s response;

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(4)

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A hearing on Defendant’s motion is set for October 11,
2011, commencing at 9:00 a.m.

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Further, in light of the failure of Plaintiff’s counsel to

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appear at scheduled hearings relating to trial matters and Defendant’s

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indication

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of

an

intent

to

file

a

dispositive

motion,

the

trial

scheduled to commence on August 31, 2011 at 9:00 a.m. is vacated.

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Finally,

Plaintiff’s

motion

to

give

trial

testimony

by

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contemporaneous transmission from a location in Nevada is no longer ripe

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for adjudication in light of this order; and Plaintiff alternative

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motion for an order continuing the trial is denied as moot.

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Dated:

August 30, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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