Curtis v. City of Oakland et al

Filing 209

ORDER RE: EX PARTE APPLICATION TO EXTEND TRIAL DATE 206 (Illston, Susan) (Filed on 7/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONALD EL-MALIK CURTIS,

Case No. 10-cv-00358-SI

Plaintiff,
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v.

ORDER RE: EX PARTE APPLICATION
TO EXTEND TRIAL DATE

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CITY OF OAKLAND, et al.,

Re: Dkt. No. 206

United States District Court
Northern District of California

Defendants.
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On June 30, 2015, the City filed a motion to postpone trial in this case, currently set to

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begin August 10, 2015, by seven months to March of 2016. In a sworn declaration, counsel for the

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City explains that her husband has recently been diagnosed with a terminal illness, and as a result

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she will need to alter her work-related obligations. The Court is saddened to learn of this

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unfortunate news, and wishes Ms. Jordan-Davis and her family the best during this difficult time.

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The actions giving rise to this lawsuit occurred in 2007, 2008 and 2009. The lawsuit was

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filed in 2010. In his opposition to the motion to postpone, plaintiff argues that (1) the trial date

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has already been postponed multiple times, most recently by five months to accommodate the

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parties’ scheduling conflicts, (2) counsel for plaintiff will not be available to try any cases in 2016,

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and (3) there are a number of other attorneys representing the City who have been working

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alongside Ms. Jordan-Davis throughout this litigation who could take over for her. The Court is

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persuaded by these arguments and therefore declines to extend the trial date to March of 2016.

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In his opposition, plaintiff suggests moving the trial to November 2, 2015 to allow the City

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additional time to coordinate change of counsel. In light of this suggestion, the Court will allow

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defendants to determine whether they would prefer to move the trial to November 2, 2015,

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or to proceed as currently scheduled on August 10, 2015. Defendants are ORDERED to file

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a notice with the Court no later than July 10, 2015, stating which date they prefer.

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IT IS SO ORDERED.
Dated: July 1, 2015

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________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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