Dacer v. Estrada et al

Filing 64

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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