Beckway v. DeShong et al

Filing 230

ORDER continuing trial date. Jury trial continued to 01/18/12 at 8:30 AM inCourtroom 2, 17th Floor, San Francisco. All other pretrial dates and deadlines remain unchanged. Mr. Jones shall designate alternate lead counsel if necessary. Signed by Judge Thelton E. Henderson on 11/22/11. (Attachments: # 1 Letter from Mark A. Jones, dated November 17, 2011) (tehlc3, COURT STAFF) (Filed on 11/22/2011)

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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 BRENT BECKWAY, 8 9 11 For the Northern District of California United States District Court 10 Plaintiff, v. DEPUTY PAUL DESHONG, et al., NO. C07-5072 TEH ORDER CONTINUING TRIAL DATE Defendants. 12 13 The Court is in receipt of the attached letter from Mark A. Jones, lead trial counsel for 14 Defendant Richard Ward, notifying the Court that he may request a continuance of pretrial 15 and trial dates due to a possible conflict with a matter pending in another court. The Court 16 advises Mr. Jones and all counsel that any such request will be DENIED. 17 Trial and pretrial dates in this matter were set at a case management conference on 18 April 25, 2011. Mr. Jones participated in that conference by telephone. Before setting a trial 19 date, the Court routinely asks counsel to confirm that the date is clear on their calendars. In 20 addition, it is the Court’s practice to explain that it does not set tentative trial dates, and that, 21 once set, a trial will be continued only due to extraordinary circumstances. Having a conflict 22 in another court does not constitute such circumstances. If counsel knew of the trial date in 23 the other matter when this case was set for trial, then he should not have indicated his 24 availability to begin trial on that date. If he did not know, and the potential conflict 25 developed only after the Court set this matter for trial, then he should raise the potential 26 conflict with the other court. 27 To accommodate a request from the jury commissioner, trial in this matter is 28 CONTINUED to January 18, 2012, at 8:30 AM. All other pretrial dates and deadlines 1 remain unchanged. If necessary, Mr. Jones shall designate alternate lead counsel for this 2 case who can satisfy all deadlines, including attending the pretrial conference as scheduled 3 and beginning trial on January 18, 2012. 4 5 IT IS SO ORDERED. 6 7 Dated: 11/22/11 8 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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