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