Frisella v. Bisla et al.

Filing 26

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/27/2017 ORDERING 25 Within 30 days, plaintiffs shall respond to defendant's motion to continue jury trial with a memorandum of points and authorities that includes legal argument and cit ation to appropriate legal authorities; Plaintiffs shall ensure that a copy of this response is served on defendant in Placer County Jail; Defendant will then have 21 days to reply to plaintiffs' response; the jury trial scheduled for 11/6/2017 at 9:00 AM in Courtroom No. 24 is VACATED; the Clerk of Court shall serve a copy of this order to defendant at both his address of record and the South Placer Jail: Harwinder Bisla, P00265992, 11801 Go For Broke Rd., Roseville, CA 95678. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KAYLA FRISELLA, et al.,

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No. 2:16-cv-0586 CKD

Plaintiffs,
v.

ORDER

HARWINDER BISLA, et al.,
Defendants.

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This matter is presently set for a jury trial on November 6, 2017 at 9:00 am. (ECF No. 19)

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On September 1, 2017 plaintiffs filed a joint pretrial statement that did not comply with Local

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Rule 281, because it was only signed by counsel for plaintiffs and did not constitute a truly joint

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statement. (ECF No. 22.) Mr. Bisla is currently incarcerated in the Placer County Jail awaiting

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trial on charges of possession and distribution of child pornography and a charge of child

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molestation. (Id. at 7.)

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On September 9, 2017, this court ordered plaintiffs and defendant to each file, no later

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than September 20, 2017, supplemental briefing regarding the relationship between the pending

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civil and criminal cases, and whether or not there is any cause to stay this civil action, pending the

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conclusion of the criminal action. (ECF No. 24.) The court also vacated the September 20, 2017

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pretrial conference. (Id.)
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On September 19, 2017, defendant filed a motion to continue the trial. (ECF No. 25.)

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Plaintiffs have yet to submit any supplemental briefing, as ordered. It is apparent that this matter

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is not ready for trial on November 6, 2017.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Within thirty (30) days, plaintiffs shall respond to defendant’s motion to continue jury

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trial with a memorandum of points and authorities that includes legal argument and

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citation to appropriate legal authorities. Plaintiffs shall ensure that a copy of this

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response is served on defendant in Placer County Jail.

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2. Defendant will then have twenty-one (21) days to reply to plaintiffs’ response.
3. The jury trial scheduled for November 6, 2017 at 9:00 a.m. in Courtroom No. 24 is
VACATED.

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4. The Clerk of Court shall serve a copy of this order to defendant at both his address of

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record and the South Placer Jail: Harwinder Bisla, P00265992, 11801 Go For Broke

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Rd., Roseville, CA 95678.

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Dated: September 27, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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14/16-586.Frisella v. Bisla. order vacating trial

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