Solomon v. City of South Lake Tahoe et al

Filing 28

ORDER signed by Judge Garland E. Burrell, Jr on 3/27/2013 ORDERING Status (Pretrial Scheduling) Conference RESET for 4/15/2013 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; a further joint status report shall be filed no later than 14 days prior to the status conference. (Waggoner, D)

1
2
3
4

IN THE UNITED STATES DISTRICT COURT

5

FOR THE EASTERN DISTRICT OF CALIFORNIA

6
7

PATRICK WAYNE SOLOMON,
Plaintiff,

8
v.

9
10
11
12
13
14
15

CITY OF SOUTH LAKE TAHOE; CITY
OF SOUTH LAKE TAHOE POLICE
DEPARTMENT; OFFICER J.
ERMINGHAUS, individually and in
his official capacity; COUNTY OF
EL DORADO; OFFICER BRANDON PENA
individually and in his official
capacity;
Defendants.*
________________________________

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

2:13-cv-00115-GEB-CKD
ORDER CONTINUING STATUS
(PRETRIAL SCHEDULING)
CONFERENCE

16
The Joint Status Report filed March 11, 2013 (“JSR”) reveals

17
18

this case is not ready to be scheduled.

19

Plaintiff states in the JSR that he “will be filing an

20

amendment to the Complaint after agreement by all Defendants.” (JSR

21

3:13-14.) However, Plaintiff neither provides any information concerning

22

when the referenced amendment will be filed, nor addresses how the

23

amendment will affect the pending dismissal motion (ECF No. 11). Such

24

information is necessary in determining how to schedule this action.

25

Further, Local Rule 160(a) requires the parties to notify the Court

26

immediately “when any motion . . . has been resolved . . . .”

27
28

*

The caption has been amended according to the Dismissal of Doe
Defendants portion of this Order and the dismissal of Defendant El
Dorado County Sheriff’s Department. (See ECF No. 27.)
1

1

For the stated reasons, the Status (Pretrial Scheduling)

2

Conference scheduled for hearing on April 1, 2013, is continued to April

3

15, 2013, at 9:00 a.m. A further joint status report shall be filed no

4

later than fourteen (14) days prior to the Status Conference.

5

Further, Does 1 through 10 are dismissed since Plaintiff has

6

not justified Does remaining in this action. See Order Setting Status

7

(Pretrial Scheduling) Conference filed January 22, 2013, at 2 n.2

8

(indicating that if justification for “Doe” defendant allegations not

9

provided Doe defendants would be dismissed).

10
11

IT IS SO ORDERED.
Dated:

March 27, 2013

12
13
14

GARLAND E. BURRELL, JR.
Senior United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2