United States of America v. 34,196 Rentable Square Feet, More or Less, at 3870 Rosin Court, Sacramento, California et al
Filing
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ORDER signed by Judge Kimberly J. Mueller on 11/26/2013 ORDERING that the Court CONTINUES the current Trial date to 6/9/2014 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. The Court sets a Final Pretrial Conference on 5/1/2014 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Hearing on the 86 Motion to Exclude is set for 5/9/2014 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. A Settlement Conference is set for 1/21/2014 at 09:00 AM in C ourtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. The parties are directed to submit their confidential settlement conference statements to the Court using the following email address: kjnorders@caed.uscourts.gov. Statements are due at least 7 days prior to the Settlement Conference. (Zignago, K.)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,
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Plaintiff,
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No. 2:11-cv-03467-KJM-AC
v.
ORDER
34,196 RENTABLE SQUARE FEET,
MORE OR LESS, AT 3870 ROSIN
COURT; SACRAMENTO,
CALIFORNIA, et al.,
Defendants.
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This matter is before the court on the motion of defendants Clinton Reilly,
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individually, and in his capacity as trustee under that Certain Clinton Reilly Family Trust Dated
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June 8, 2001 (“defendants”) to continue the trial date based on the unavailability of counsel.
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(ECF 102.) Plaintiff United States of America opposes the motion. (ECF 111.) The court held a
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hearing on the matter on November 14, 2013, at which Lynn Ernce and Victoria Boesch appeared
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for plaintiff and Robert Moore for defendants. As explained below, the court continues the trial
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date to June 9, 2014.
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I.
STANDARD
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Motions for a continuance of the trial are addressed to the sound discretion of the
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district court, as district courts have “considerable latitude in granting or denying continuances.”
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United States v. Pope, 841 F.2d 954, 956 (9th Cir. 1988). “In assessing the need for a
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continuance, four factors should be considered: 1) the requesting party’s diligence in preparing
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his case for trial; 2) the need for the continuance; 3) whether granting the continuance will
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inconvenience the court and the opposing party, including its witnesses; and 4) the extent to
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which the party requesting the continuance will suffer harm as a result of the district court’s
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denial.” Bailey v. AT&T Wireless Servs. Div., 2:99-CV-2522-MCE-EFB, 2007 WL 185496, at *1
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(E.D. Cal. Jan. 23, 2007) (citing United States v. 2.61 Acres of Land, More or Less, Situated in
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Mariposa Cnty., State of Cal., 791 F.2d 666, 671 (9th Cir. 1985)). “No one of these factors is
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dispositive; absent a showing of prejudice to the requesting party, a district court's refusal to grant
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a continuance will not be disturbed on appeal.” Id.
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Here, according to a court order issued on January 2, 2013, a bench trial is set for
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January 27, 2014. (ECF 66.) On November 8, 2013, defendants filed the instant motion to
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continue the trial date currently set for January 27, 2014, to a date in late March or early April of
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2014. (ECF 102 at 2.) Defendants seek a trial continuance because defendants’ counsel will be
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unavailable on the currently scheduled trial date due to a confirmed trial set in state court. (ECF
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103 at 1.) Plaintiff opposes the motion, but concedes the defense has a confirmed conflict.
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(ECFs 111, 112.)
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After considering the parties’ contentions and the court’s own availability for trial,
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the court continues the current trial date to June 9, 2014 at 9:00 a.m. The court sets a final
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pretrial conference on May 1, 2014 at 2:30 p.m.
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The court sets the hearing on the motion to exclude (ECF No. 86) for May 9, 2014
at 10:00 a.m.
Additionally, after discussion with counsel at hearing, the court refers the case to a
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court convened settlement conference with Magistrate Judge Kendall J. Newman, who has been
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identified by random draw, to take place on January 21, 2014 at 9:00 am in courtroom number
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25. The parties are directed to submit their confidential settlement conference statements to the
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Court using the following email address: kjnorders@caed.uscourts.gov. If a party desires to share
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additional confidential information with the Court, they may do so pursuant to the provisions of
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Local Rule 270(d) and (e). Statements are due at least 7 days prior to the Settlement Conference.
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Each party is reminded of the requirement that it be represented in person at the settlement
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conference by a person able to dispose of the case or fully authorized to settle the matter at the
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settlement conference on any terms. See Local Rule 270.
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IT IS SO ORDERED.
DATED: November 26, 2013.
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UNITED STATES DISTRICT JUDGE
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