McEndree v. Rash Curtis & Associates

Filing 55

ORDER CONTINUING TRIAL signed by Chief Judge Morrison C. England, Jr on 11/10/14. The Jury Trial is VACATED and CONTINUED to 3/30/2015 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. The parties shall file trial briefs not later than 1/22/2015. The 12/18/14 Final Pretrial Conference is VACATED and CONTINUED to 2/5/2015 at 02:00 PM. The Joint Final Pretrial Statement is due not later than 1/15/15. Any evidentiary or procedural Motions are to be filed by 1/15/15. Oppositions must be filed by 1/22/15 and any reply must be filed by 1/29/2015.(Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SEAN MCENDREE, 12 Plaintiff, 13 14 No. 2:10-cv-01079-MCE-DAD v. ORDER CONTINUING TRIAL RASH CURTIS & ASSOCIATES, 15 Defendant. 16 YOU ARE HEREBY NOTIFIED the jury trial is vacated and continued to March 17 18 30, 2015, at 9:00 a.m. in Courtroom 7. The parties shall file trial briefs not later than 19 January 22, 2015. Counsel are directed to Local Rule 285 regarding the content of trial 20 briefs. 21 Accordingly, the December 18, 2014 Final Pretrial Conference is vacated and 22 continued to February 5, 2015, at 2:00 p.m. in Courtroom 7. The Joint Final Pretrial 23 Statement is due not later than January 15, 2015 and shall comply with the procedures 24 outlined in the Court’s July 8, 2010 Pretrial Scheduling Order. The personal 25 appearances of the trial attorneys or person(s) in pro se is mandatory for the Final 26 Pretrial Conference. Telephonic appearances for this hearing are not permitted. 27 Any evidentiary or procedural motions are to be filed by January 15, 2015. 28 Oppositions must be filed by January 22, 2015 and any reply must be filed by January 1 1 29, 2015. The motions will be heard by the Court at the same time as the Final Pretrial 2 Conference. 3 Due to the Court’s high civil caseload, the parties are encouraged to consider 4 consenting to a jury or nonjury trial before the assigned Magistrate Judge1 as well as 5 availing themselves of the Court’s Alternative Dispute Resolution programs.2 See E.D. 6 Cal. Local Rs. 171, 301. 7 8 IT IS SO ORDERED. DATED: November 10, 2014 9 ________ _________ _________ _________ ______ MORRISON C. ENGL N LAND, JR. CHIEF JUDGE ., UNITED S STATES DI ISTRICT C COURT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 The Eastern District of California has for years been one of the busiest District Courts in the nation. The parties are reminded that pursuant to Federal Rule of Civil Procedure 73 and Local Rule 301, the parties may consent to a jury or nonjury trial before the assigned Magistrate Judge. As a result of the Court’s high civil case load and the statutory right to a speedy trial in criminal cases, the parties are encouraged to consider the advantages of consenting to Magistrate Judge jurisdiction. Magistrate Judges can assign civil litigants a trial date much sooner and with more certainty than District Court Judges. In addition, since Magistrate Judges do not try felony cases, a trial date assigned by one can be considered a firm date which will not be preempted by a criminal case. Exercise of this jurisdiction by a Magistrate Judge is however, permitted only if all parties file a voluntarily consent form. Parties may, without adverse substantive consequences, withhold their consent, but this will prevent the Court's case dispositive jurisdiction from being exercised by a Magistrate Judge. 2 The Court may, at the election of all the parties, refer certain actions to the Voluntary Dispute Resolution Program ("VDRP"). If the parties believe that participation in a mediation and/or a settlement conference with a Magistrate Judge would be beneficial, they are encouraged to contact the Court's Alternative Dispute Resolution (ADR) Division, in writing, at the address or email address below: ADR Division, Attention: Sujean Park, U.S. District Court, 501 I Street, Suite 4-200, Sacramento, CA 95814, email: Alternatively, the parties may request referral to the VDRP by filing a Stipulation and Proposed Order reflecting the agreement of all parties to submit the action to the VDRP pursuant to Local Rule 271. Should the parties reach a settlement or otherwise resolve their case by agreement of the parties, they are reminded that it is the duty of counsel to immediately file a notice of settlement or resolution as set forth in Local Rule 160. 2

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