Greene v. Tilton et al

Filing 74

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/22/2013 GRANTING, in part, plaintiff's 72 motion to modify the 1/14/13 scheduling order; plaintiff's pretrial statement and any motions necessary to obtain the attendance of trial w itnesses is due on or before 4/15/2013, defendants pretrial is statement due on or before 4/29/2013; the Pretrial Conference is set for 5/30/2013 before Magistrate Judge Molds, to be conducted on the file only; and the 8/19/2013 Trial Date before John A. Mendez at 8:30 a.m. shall remain the same. (cc: EFB) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD H. GREENE,
Plaintiff,

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No. 2:09-cv-0793 JAM JFM (PC)

vs.
JAMES TILTON, et al.,
Defendants.

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ORDER
/

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On January 14, 2013, the court issued a scheduling order whereby plaintiff was

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ordered to serve and file his pretrial statement and any motions necessary to obtain the

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attendance of witnesses at trial on or before March 14, 2013. Defendants were ordered to file

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their pretrial statement on or before March 28, 2013. The pretrial conference was set for April

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25, 2013 before the magistrate judge to be conducted on the file only, without appearance by

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either party. The matter was set for jury trial before the Honorable John A. Mendez on August

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19, 2013. (See Dkt. No. 70.)
On March 11, 2013, plaintiff filed a motion to modify the January 14, 2013

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scheduling order. Plaintiff requests a ninety day extension of time to all of the dates within the

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January 14, 2013 order. Plaintiff states in his motion that he has lost the help of two inmates

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who helped him with previous filings and has been unable to obtain the assistance of outside

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counsel.
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The court will decline to modify the scheduling order as specifically requested by

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plaintiff. This case has been pending for four years and plaintiff has had two months in which to

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file his pretrial statement. Nevertheless, the court will slightly adjust the schedule to allow

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plaintiff a short period of additional time in which to file his pretrial statement. Thus, the motion

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to modify the schedule will be granted in part. However, plaintiff is advised that no further

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requests for extensions of time to the schedule shall be granted.

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Accordingly, IT IS HEREBY ORDERED THAT:

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1. Plaintiff’s motion to modify the January 14, 2013 scheduling order (Dkt. No.

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72.) is GRANTED IN PART.

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2. Plaintiff shall file and serve his pretrial statement and any motions necessary

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to obtain the attendance of witnesses at trial on or before April 15, 2013. Defendants shall file

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and serve their pretrial statement on or before April 29, 2013. The parties are advised that

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failure to file a pretrial statement may result in the imposition of sanctions, including dismissal

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of this action.

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3. Pretrial conference (as described in Local Rule 282) is set in this case for May

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30, 2013 before Magistrate Judge Moulds. The pretrial conference shall be conducted on the file

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only, without appearance by either party.

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4. The trial date of August 19, 2013 at 8:30 a.m. in Courtroom # 6 before the

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Honorable John A. Mendez shall remain the same.

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DATED: March 22, 2013.

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