Dacer v. Estrada et al
Filing
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ORDER SETTING CASE MANAGEMENT CONFERENCE AND VACATING TRIAL DATE by Hon. William Alsup denying 63 Motion to Continue.(whalc1, COURT STAFF) (Filed on 1/24/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CARINA DACER, et al.,
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For the Northern District of California
United States District Court
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Plaintiffs,
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No. C 10-04165 WHA
v.
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JOSEPH ESTRADA, et al.,
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ORDER SETTING CASE
MANAGEMENT CONFERENCE
AND VACATING TRIAL DATE
Defendants.
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A September 2011 case management order scheduled a final pretrial conference for
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January 14, 2013, and jury trial in this matter for January 28, 2013 (Dkt. No. 31). Plaintiffs (and
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defendants) failed to file a joint proposed pretrial order (due on January 7), and did not appear
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for the final pretrial conference. This is not the first time plaintiffs have failed to appear for a
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hearing with the Court (see Dkt. Nos. 45, 47).
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Plaintiffs now request to continue the January 28 jury trial for the following reasons: (1)
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because the trial and pretrial dates were not listed on the Court’s online calendar, they had “an
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expectation that the trial date had been continued”; (2) plaintiffs have scheduled a deposition in
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this matter for February 28 (one month after the scheduled trial date and four months after the
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close of non-expert discovery); and, (3) plaintiffs’ counsel made plans to travel back from a
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wedding in Philadelphia on the day scheduled for trial (Dkt. No. 62 at 1–3).
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Although the Court’s online schedule has not been updated to reflect the January 14
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and January 28 pretrial conference and trial dates, that apparent contradiction should have been
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raised by counsel to clarify the schedule long ago. The January 28 jury trial is VACATED. The
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parties shall appear for a case management conference on JANUARY 31 AT 11:00 A.M. The Court
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will consider arguments for a continuance or other modifications of the prior case management
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order at that time.
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IT IS SO ORDERED.
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Dated: January 24, 2013.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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For the Northern District of California
United States District Court
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