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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BRENT BECKWAY,

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For the Northern District of California

United States District Court

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Plaintiff,
v.
DEPUTY PAUL DESHONG, et al.,

NO. C07-5072 TEH
ORDER CONTINUING TRIAL
DATE

Defendants.

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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.
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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.
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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.
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5 IT IS SO ORDERED.
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7 Dated: 11/22/11
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT

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For the Northern District of California

United States District Court

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