Mitchell v. Williams et al

Filing 87

ORDER signed by Judge Kimberly J. Mueller on 4/9/2014 ORDERING plaintiffs counsel to file, no later than noon on April 10, 2014, a supplementary declaration stating: (1) whether plaintiffs counsel has consulted plaintiff regarding the requested cont inuance; (2) if so, whether plaintiff is amenable to the continuance; (3) whether plaintiffs counsel will be available for trial beginning May 5, 2014; and (4) if not, the earliest date on which plaintiffs counsel is available for trial in the instant matter. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LACEY MITCHELL,

No. 2:10-CV-01829 KJM DAD P

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Plaintiff,
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v.

ORDER

DeBRINA WILLIAMS,
Defendant.

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Lacey Mitchell (“plaintiff”) moves for a forty-five day continuance of the trial

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date currently scheduled for April 14, 2014. Mot. for Extension of Time (“Mot.”) at 1–2, ECF

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No. 84. In his declaration, plaintiff’s counsel attests that he is currently litigating a criminal

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matter on behalf of another client and is thus unavailable for trial in this matter. Whitworth

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Decl. ¶¶ 4–5, ECF No. 84-1. DeBrina Williams (“defendant”) opposes the motion on the

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grounds that she will suffer prejudice from additional absence from her employment, accrual of

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attorneys’ fees and impediment of expeditious resolution of the matter. Opp’n to Mot. at 2–3,

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ECF No. 86.

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The court requires additional information to make a reasoned decision and

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orders plaintiff’s counsel to file, no later than noon on April 10, 2014, a supplementary

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declaration stating: (1) whether plaintiff’s counsel has consulted plaintiff regarding the

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requested continuance; (2) if so, whether plaintiff is amenable to the continuance; (3) whether
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plaintiff’s counsel will be available for trial beginning May 5, 2014; and (4) if not, the earliest

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date on which plaintiff’s counsel is available for trial in the instant matter.

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IT IS SO ORDERED.
DATED: April 9, 2014.

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UNITED STATES DISTRICT JUDGE

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