Grill v. Quinn

Filing 67

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/16/12 DENYING 60 Request to reset previously vacated dates. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES S. GRILL,

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Plaintiff,

No. CIV S-10-0757 GEB GGH PS

Defendant.

ORDER

vs.
TOM QUINN,

/
Plaintiff has filed a request to reset previously vacated dates for briefing the

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parties’ cross-motions for summary judgment. Those dates were vacated by order of February

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27, 2012, pending a settlement conference scheduled for April 26, 2012, with Judge Brennan.

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The parties participated in a settlement conference on May 10, 2012, and a further settlement

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conference is scheduled for September 20, 2012. Plaintiff has expressed his concern that his

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state court foreclosure action may result in foreclosure of the property that is the subject of this

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litigation before the settlement conference in this litigation can be concluded. According to

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plaintiff, the next status conference in superior court is scheduled for August 20, 2012, wherein

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plaintiff anticipates a trial date will be set.

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Plaintiff’s request is denied for the following reasons. Even if the superior court
were to set a trial date in the foreclosure action on August 20, 2012, due to the impacted calendar
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of superior court, it is not likely that a trial would be set within a month or even a few months of

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that status conference date. If the settlement conference currently scheduled for September 20,

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2012 fails to result in a settlement, this court will expeditiously set a briefing schedule for

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summary judgment motions. In any event, it is not likely that this case will terminate quickly

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(other than through settlement) since this court may only issue findings and recommendations to

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the district court, which may then take months to adopt or decline to adopt. After a district court

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judgment, the losing party may appeal the judgment, which appeal may take months or years.

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Accordingly, IT IS HEREBY ORDERED that: Plaintiff’s request to reset
previously vacated dates, filed June 8, 2012, (dkt. no. 60), is denied.
DATED: July 16, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Grill0757.sch.wpd

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