Jones v. Kuppinger et al

Filing 94

ORDER signed by Magistrate Judge Allison Claire on 07/11/16 denying 92 request to schedule a trial in this action. Any party may file a dispositive motion on or before 9/09/16; briefing shall be in accordance with Local Rule 230(l). (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HENRY A. JONES,

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Plaintiff,

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No. 2:13-cv-0451 WBS AC P

v.

ORDER

P. KUPPINGER, et al.,

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Defendants.

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On June 7, 2016, after reviewing the parties’ respective status reports, this court issued an

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order noting the close of discovery in this action and that dispositive motions remain due on or

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before September 9, 2016. See ECF No. 91. The court directed the parties to engage informally

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in further settlement negotiations. Id. Plaintiff has now notified the court that he has rejected

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defendant’s latest settlement offer, and requests that a jury trial be scheduled. See ECF No. 92.

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Defendant opposes plaintiff’s request as premature. ECF No. 93. The court agrees. Should this

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action survive dispositive motion(s), or if no dispositive motion is filed, the court will then

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schedule this case for jury trial, as requested by both plaintiff and defendants, see ECF Nos. 30,

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48.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request to schedule a trial in this action, ECF No. 92, is denied as premature.

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2. Any party may file a dispositive motion on or before September 9, 2016; briefing shall

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be in accordance with Local Rule 230(l).

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SO ORDERED.

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DATED: July 11, 2016

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