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.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EDISON MAYO,

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Plaintiff,

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Case No. 2:10-cv-00629-WBS-EFB
ORDER DENYING MOTION TO
CONTINUE TRIAL DATE

v.
RECYCLE TO CONSERVE, INC.,

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Defendant.

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The court has considered the application of defendant RECYCLE TO CONSERVE, INC.

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(“RTC”) to continue the trial date in this matter, and plaintiff’s opposition to the motion. It is the

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responsibility of counsel to manage their respective calendars so as to avoid the kind of conflict

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that has apparently occurred here. In that regard, counsel needs to either avoid underestimating

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the length of trials or to have alternative plans in the event that the length of a trial is

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underestimated. Here, defendant is represented by a large firm with over 31 lawyers. If Ms.

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Kennaday is involved in a trial in another court at the time the trial of this case is scheduled to

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begin, she will have to make arrangements for another attorney to handle this trial. This case was

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set over a year ago for trial to begin on November 1, 2001. The parties and the court have relied

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on the assumption that trial would proceed on that date. To continue the trial as requested at this

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late date would prejudice not only the plaintiff but the court, which also has a responsibility to

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other litigants and the public to effectively manage its calendar.
IT IS THEREFORE ORDERED that defendant’s motion to continue the trial date from

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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

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November 1, 2011 be, and the same hereby is, DENIED.

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DATED: October 11, 2011

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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