Lindsay v. Fryson, et al

Filing 86

ORDER signed by Judge Lawrence K. Karlton on 2/25/14: Final Pretrial Conference set for 9/15/2014 at 02:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. Bench Trial set for 12/9/2014 at 10:30 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER LINDSAY,

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No.

CIV. S-10-2842 LKK/KJN

Plaintiff,
v.

ORDER

YOLANDA FRYSON, et al.,
Defendants.

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The Ninth Circuit has dismissed plaintiff’s appeal of this

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court’s dismissal of Yuba County as a defendant (ECF No. 85),

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allowing the remainder of the case to proceed.

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As previously noted, Fryson, the sole remaining defendant,

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has answered the Third Amendment Complaint.

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(Answer dated November 20, 2012).

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recent filing that she is incarcerated in the California state

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prison system, and is not represented by counsel.

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(Notice of Change of Address dated October 29, 2013).

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See ECF No. 56

It appears from Fryson’s most

See ECF No. 74

Pursuant to the Status (Pretrial Scheduling) Order (“PTO”),

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discovery and motion practice in this case is ended.

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50 (Order dated October 29, 2012).
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See ECF No.

Accordingly, the dates

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previously vacated in this case are hereby re-scheduled as set

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forth below.

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a.

Final Pretrial Conference: September 15, 2014 at 2:30

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p.m., in Chambers.

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and 282, and the Status (Pretrial Scheduling) Order (ECF No. 50),

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in preparing for this conference, and in submitting their Final

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Pretrial Conference statements, and their witness and exhibit

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lists.

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The parties shall comply with Local Rules 281

However, if the parties’ Final Pretrial Conference

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statements reflect that one or both parties are not represented

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by counsel, the Final Pretrial Conference will be vacated, and

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the Final Pretrial Order will be based upon the papers.

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b.

A court trial before the undersigned shall commence on

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December 9, 2014 at 10:30 a.m., in Courtroom No. 4.

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party having demanded a jury trial, and the time for doing so

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having passed, see Fed. R. Civ. P. 38(b)(1), the matter will be

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tried to the court without a jury.

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IT IS SO ORDERED.

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DATED:

February 25, 2014.

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Neither