G.H. v. United States of America et al

Filing 30

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/10/2016 SETTING a Status Conference for 8/31/2016 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney; DIRECTING the plaintiff's counsel to serve a copy of this or der on Guardian ad Litem Alejandro Hernandez; ORDERING said Guardian ad Litem to appear at the Status Conference; ORDERING the parties to be prepared to discuss the modification of the dates set forth in the 23 Status (Pretrial Scheduling) Order. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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G.H., by and through his Guardian ad
Litem ALEJANDRO HERNANDEZ,
Plaintiff,

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ORDER
v.

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No. 2:15-cv-1946 CKD

UNITED STATES OF AMERICA, et al.,
Defendants.

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On April 28, 2016, the court issued a scheduling order in this matter. ECF No. 23. The

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parties thereafter requested a status conference due to representations of plaintiff’s counsel that

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the case in all likelihood would settle. ECF No. 24. The court accordingly held a status

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conference on June 8, 2016 and after discussion with counsel ordered dispositional documents be

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filed within thirty days. ECF No. 26. The day before dispositional documents were to be filed,

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plaintiff’s counsel requested an extension of time of 60 days because plaintiff wished to seek

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additional legal advice before approving the proposed dismissal. ECF No. 27. On July 11, 2016,

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the court granted an additional thirty days to file dispositional documents. ECF No. 28. Now,

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once again on the eve of the dispositional document due date, plaintiff’s counsel requests a sixty

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day extension because plaintiff wants to seek further legal and medical advice. ECF No. 29.

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Plaintiff’s counsel indicated to defendants in late 2015 that the case might be dismissed.

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ECF No. 24. In February 2016, defendants agreed to postpone discovery to provide plaintiff time

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to reach a decision regarding dismissal. Id. Over eight months have passed since plaintiff’s

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counsel indicated the case might settle. Plaintiff’s delay in seeking additional legal and medical

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advice is untenable. Plaintiff’s vacillation regarding dismissal has impeded defendants’ ability to

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properly defend this action and will not be countenanced by the court.

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Accordingly, IT IS HEREBY ORDERED that:

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1. This matter is set for status conference on August 31, 2016 at 10:00 a.m. in courtroom

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no. 24. Plaintiff’s counsel is directed to serve a copy of this order on Guardian ad Litem

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Alejandro Hernandez. The Guardian ad Litem is ordered to personally appear at the status

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conference.

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2. The parties shall be prepared at the status conference to discuss modification of the

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dates set forth in the April 28, 2016 scheduling order.

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Dated: August 10, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 gh-us1946.sta.dism

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