Graham v. Wal-Mart Stores, Inc. et al

Filing 106

ORDER signed by District Judge Morrison C. England, Jr on 2/28/2018 ORDERING the 3/7/2018 Status Conference VACATED. The Final Pretrial Conference is SET for 5/3/2018 at 02:00 PM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr, and a 3 day Jury Trial is SET for 6/4/2018 at 09:00 AM in Courtroom 7 (MCE) before District Judge Morrison C. England Jr. The parties may renotice or file Motions in Limine not later than 4/19/2018, all of which will be considered at the Final Pretrial Conference. (Washington, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TYRA GRAHAM,

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Plaintiff,

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No. 2:14-cv-02916-MCE-CMK

v.

ORDER

WAL-MART STORES, INC.,

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Defendant.

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The Complaint and Demand for Jury Trial in this matter was

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filed on December 16, 2014, alleging injury to the Plaintiff

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caused

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processor sold and distributed by the sole remaining Defendant,

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Wal-Mart Stores, Inc.

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Judgment was denied on August 31, 2017, after which and upon

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review of the parties’ Joint Notice of Trial Readiness, the Court

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set a Jury Trial on March 26, 2018.

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by

defective

design

and/or

manufacturing

of

a

food

Wal-Mart Stores, Inc.’s Motion for Summary

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See ECF. No. 101.

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On January 20, 2018, the Court vacated the Final Pretrial

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Conference and Jury Trial due to the confirmation of a 36-day

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criminal trial with an in-custody Defendant scheduled to begin on

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February 26, 2018.

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Re: Trial Setting on March 7, 2019, due to the unavailability of

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this Court’s schedule for a new trial date until June of 2019.

Thereafter, the matter was set for a Status

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On February 26, 2018, the Courtroom Deputy emailed counsel

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regarding the availability for trial June 4-6, 2018, to which

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defense counsel replied he and his experts were unavailable.

On

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February 27, 2018, Plaintiff’s counsel filed a Motion to Advance

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the Trial Status Conference or in the alternative, “. . . set a

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trial date without holding a status conference”.

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105.

After review of Plaintiff’s Motion, due to the age of this

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case,

extremely

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Court, and because counsel was likely prepared for the March 26,

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2018, trial date, the Court makes the following orders.

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limited

availability

of

trial

See ECF No.

dates

for

this

The March 7, 2019, Status Re: Trial Setting Conference is

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vacated.

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May 3, 2018, at 2:00 p.m. and a three (3) day Jury Trial on June

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4, 2018, at 9:00 a.m., both hearings in courtroom 7.

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may renotice or file Motions in Limine not later than April 19,

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2018, all of which will be considered at the Final Pretrial

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Conference.

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Dated:

This matter is set for a Final Pretrial Conference on

The parties

February 28, 2018

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_______________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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