Aoki et al v. Gilbert et al

Filing 289

ORDER signed by District Judge Troy L. Nunley on 12/8/2017 GRANTING plaintiff's 283 Motion for a Continuance. The Trial is CONTINUED to 7/23/2018. The Final Pretrial Conference is CONTINUED to 5/17/2018 at 2:00 PM in Courtroom 2. A Joint Pretrial Statement shall be filed by 5:00 PM on 510/2018. (Zignago, K.)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 THOMAS T. AOKI, and AOKI DIABETES RESEARCH INSTITUTE, a California non-profit corporation, 13 14 15 16 Plaintiffs, No. 2:11-cv-02797-TLN-CKD ORDER v. GREGORY FORD GILBERT, et al., Defendants. 17 18 The Court is in receipt of Plaintiffs’ Ex Parte Request to Continue the Trial Date by at 19 least 60 days. (ECF No. 283.) Plaintiffs seek to continue the trial date because Plaintiffs’ lead 20 counsel, Mr. Plamondon, has health issues and is in the process of determining appropriate 21 treatment. (ECF No. 283.) Defendants oppose the request. (ECF No. 26 at 2.) Defendants 22 contend the request is made solely because Plaintiffs are not prepared. (ECF No. 286 at 3.) 23 Defendants further argue Mr. Plamondon’s health issues have been known since the earlier part of 24 this year and thus Plaintiffs had ample time to get another attorney prepared for trial. 25 The Court finds the Defendants opposition troubling. Defendants filed two untimely 26 motions for summary judgment and scheduled them for a little over a month before trial. While 27 the Court struck those motions as untimely, the idea that Defendants expected the Court to rule on 28 two very substantial motions within such a short period and now oppose a continuance of the trial 1 1 2 is remarkable. The Court has reviewed the motion and finds that Plaintiffs have presented good cause to 3 warrant a continuance of the trial. Accordingly, Plaintiff’s Motion for a Continuance (ECF No. 4 283) is hereby GRANTED. The Trial is hereby CONTINUED to July 23, 2018. The Final 5 Pretrial Conference is CONTINUED to May 17, 2018, at 2 PM in Courtroom 2. A Joint Pretrial 6 Statement shall be filed by 5 PM on May 10, 2018. 7 8 IT IS SO ORDERED. Dated: December 8, 2017 9 10 11 12 Troy L. Nunley United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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