Espey v. Deuel Vocational Institution

Filing 111

ORDER signed by Magistrate Judge Kendall J. Newman on 6/23/16 ORDERING that defendant's motion for an extension of time to serve his expert disclosure (ECF No. 109 ) is GRANTED; defendant shall serve plaintiffs counsel with his expert disc losure within seven days of the date of this order; The pretrial conference set for June 30, 2016, and the jury trial set for August 29, 2016, before the Honorable Troy L. Nunley are VACATED; The pretrial conference is re- set for April 6, 2017, a t 2:00 p.m., before the Honorable Troy L. Nunley; plaintiff shall file his pretrial statement on or before March 2, 2017; defendant shall file his pretrial statement on or before March 16, 2017; The jury trial is re-set for June 5, 2017, at 9:00 a.m., before the Honorable Troy L. Nunley. (Dillon, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FLOYD ESPEY, 12 13 14 15 No. 2: 13-cv-2147 TLN KJN P Plaintiff, v. ORDER DEUEL VOCATIONAL INSTITUTION, et al., Defendants. 16 17 18 Plaintiff is a former state prisoner, proceeding with a civil rights action pursuant to 42 19 U.S.C. § 1983. On June 8, 2016, plaintiff was granted fourteen days to show cause why this 20 action should not be dismissed for his failure to file a timely pretrial statement. 21 On June 21, 2016, plaintiff filed a response to the show cause order. The response 22 indicates that plaintiff is now represented by counsel. Good cause appearing, the order to show 23 cause is vacated. Because plaintiff is now represented by counsel, the pretrial conference and 24 jury trial dates will be re-set. 25 On June 13, 2016, defendant filed a motion for an extension of time to serve his expert 26 disclosure. Good cause appearing, defendant’s motion for an extension of time is granted. 27 Defendant shall serve his expert disclosure on plaintiff’s counsel within seven days of the date of 28 this order. 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Defendant’s motion for an extension of time to serve his expert disclosure (ECF No. 3 109) is granted; defendant shall serve plaintiff’s counsel with his expert disclosure within seven 4 days of the date of this order; 5 6 2. The pretrial conference set for June 30, 2016, and the jury trial set for August 29, 2016, before the Honorable Troy L. Nunley are vacated; 7 2. The pretrial conference is re-set for April 6, 2017, at 2:00 p.m., before the Honorable 8 Troy L. Nunley; plaintiff shall file his pretrial statement on or before March 2, 2017; defendant 9 shall file his pretrial statement on or before March 16, 2017; 10 3. The jury trial is re-set for June 5, 2017, at 9:00 a.m., before the Honorable Troy L. 11 Nunley. 12 Dated: June 23, 2016 13 14 15 Es2147.vac 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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