(PC) Petillo v. Baughman et al

Filing 63

ORDER signed by Magistrate Judge Dennis M. Cota on 1/07/21 DENYING 62 Motion for a trial date. (Plummer, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SIDNEY PETILLO,

12

No. 2:19-CV-0667-TLN-DMC-P

Plaintiff,

13

v.

14

HAINEY, et al.,

15

ORDER

Defendants.

16
Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42

17
18

U.S.C. § 1983. Pending before the Court is Plaintiff’s motion for a trial date. ECF No. 62.

19

Plaintiff contends that a trial date has not been set because of the present COVID-19 pandemic

20

and desires to “finalize litigation” on his complaint. See id.; see also ECF No. 24. Defendants

21

have demanded a jury trial in their pleadings and have satisfied Federal Rule of Civil Procedure

22

///

23

///

24

///

25

///

26

///

27

///

28

///
1

1

38 in doing so. See ECF No. 53 at 4; Fed. R. Civ. P. 38(b)(1). Furthermore, the Court’s October

2

19, 2020, discovery permits the parties to conduct discovery until February 22, 2021. ECF No. 54

3

at 2. Discovery has not yet concluded. If this case reaches trial, a jury will be empaneled.

4

Plaintiff’s motion is denied as premature.

5
6

IT IS SO ORDERED.
Dated: January 7, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2