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