Mayo v. Recycle to Conserve

Filing 35

ORDER signed by Judge William B. Shubb on 10/11/11 dft's 33 Ex Parte Motion to Continue the Trial is DENIED. (Benson, A.)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 EDISON MAYO, 11 Plaintiff, 12 13 Case No. 2:10-cv-00629-WBS-EFB ORDER DENYING MOTION TO CONTINUE TRIAL DATE v. RECYCLE TO CONSERVE, INC., 14 Defendant. 15 16 The court has considered the application of defendant RECYCLE TO CONSERVE, INC. 17 (“RTC”) to continue the trial date in this matter, and plaintiff’s opposition to the motion. It is the 18 responsibility of counsel to manage their respective calendars so as to avoid the kind of conflict 19 that has apparently occurred here. In that regard, counsel needs to either avoid underestimating 20 the length of trials or to have alternative plans in the event that the length of a trial is 21 underestimated. Here, defendant is represented by a large firm with over 31 lawyers. If Ms. 22 Kennaday is involved in a trial in another court at the time the trial of this case is scheduled to 23 begin, she will have to make arrangements for another attorney to handle this trial. This case was 24 set over a year ago for trial to begin on November 1, 2001. The parties and the court have relied 25 on the assumption that trial would proceed on that date. To continue the trial as requested at this 26 late date would prejudice not only the plaintiff but the court, which also has a responsibility to 27 other litigants and the public to effectively manage its calendar. IT IS THEREFORE ORDERED that defendant’s motion to continue the trial date from 28 W ILKE , F LEU RY , H OFFELT , G OULD & B IRNEY , LLP ATTORNEYS AT LAW SACRAMENTO 719875.1 -1- ORDER CONTINUING TRIAL DATE 2:10-CV-00629-WBS-EFB 1 November 1, 2011 be, and the same hereby is, DENIED. 2 3 DATED: October 11, 2011 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W ILKE , F LEU RY , H OFFELT , G OULD & B IRNEY , LLP ATTORNEYS AT LAW -2719875.1 DEFENDANT RECYCLE TO CONSERVE, INC.’S REQUEST FOR CONTINUANCE OF TRIAL DATE 2:10-CV-00629-WBS-EFB

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?