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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER LINDSAY, 12 13 14 15 No. CIV. S-10-2842 LKK/KJN Plaintiff, v. ORDER YOLANDA FRYSON, et al., Defendants. 16 17 The Ninth Circuit has dismissed plaintiff’s appeal of this 18 court’s dismissal of Yuba County as a defendant (ECF No. 85), 19 allowing the remainder of the case to proceed. 20 As previously noted, Fryson, the sole remaining defendant, 21 has answered the Third Amendment Complaint. 22 (Answer dated November 20, 2012). 23 recent filing that she is incarcerated in the California state 24 prison system, and is not represented by counsel. 25 (Notice of Change of Address dated October 29, 2013). 26 See ECF No. 56 It appears from Fryson’s most See ECF No. 74 Pursuant to the Status (Pretrial Scheduling) Order (“PTO”), 27 discovery and motion practice in this case is ended. 28 50 (Order dated October 29, 2012). 1 See ECF No. Accordingly, the dates 1 previously vacated in this case are hereby re-scheduled as set 2 forth below. 3 a. Final Pretrial Conference: September 15, 2014 at 2:30 4 p.m., in Chambers. 5 and 282, and the Status (Pretrial Scheduling) Order (ECF No. 50), 6 in preparing for this conference, and in submitting their Final 7 Pretrial Conference statements, and their witness and exhibit 8 lists. 9 The parties shall comply with Local Rules 281 However, if the parties’ Final Pretrial Conference 10 statements reflect that one or both parties are not represented 11 by counsel, the Final Pretrial Conference will be vacated, and 12 the Final Pretrial Order will be based upon the papers. 13 b. A court trial before the undersigned shall commence on 14 December 9, 2014 at 10:30 a.m., in Courtroom No. 4. 15 party having demanded a jury trial, and the time for doing so 16 having passed, see Fed. R. Civ. P. 38(b)(1), the matter will be 17 tried to the court without a jury. 18 IT IS SO ORDERED. 19 DATED: February 25, 2014. 20 21 22 23 24 25 26 27 28 2 Neither

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