Tucker v. Gill et al

Filing 58

ORDER by the Hon. Thelton E. Henderson denying 57 Motion to continue trial date. (tehlc3, COURT STAFF) (Filed on 1/29/2014)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 NOVENA TUCKER, Plaintiff, 8 9 v. MARTIN HYNES, et al., 11 United States District Court Northern District of California 10 Case No. 12-cv-02678-TEH ORDER DENYING MOTION TO CONTINUE TRIAL DATE Defendants. 12 13 Defendants have filed a motion to continue the trial date and have noticed their 14 motion for hearing on March 10, 2013. Having reviewed the moving papers, the Court 15 finds that Defendants have failed to show good cause for continuing the trial date, and no 16 opposition or hearing is necessary 17 Prior to setting a trial date at the April 22, 2013 case management conference, the 18 Court advised the parties that trial dates in this Court are firm and not aspirational and, 19 once set, could only be continued by the most extraordinary circumstances. Those 20 circumstances are not present here. Defendants were aware of the trial date in Minter v. 21 City of San Pablo, Case No. 12-2905 JSC, when trial in this case was set. Indeed, the 22 Court moved the pretrial conference in this case based on counsel’s representation that 23 they could not make the original date because of the Minter trial. That counsel 24 underestimated their ability to settle or prevail on summary judgment in Minter, or to 25 prepare for back-to-back trials, does not constitute good cause for moving the trial date in 26 this case. Accordingly, Defendants’ motion is DENIED. All pretrial dates shall remain 27 unchanged, and trial shall remain scheduled to commence on April 1, 2014. If, during the 28 Minter trial, it becomes clear that the trial will not conclude by that date, the Court will 1 entertain a renewed administrative motion or stipulation to continue the trial date only as 2 long as necessary to ensure that counsel are not required to try two cases at the same time. 3 4 IT IS SO ORDERED. 5 6 7 Dated: 01/29/14 _____________________________________ THELTON E. HENDERSON United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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