Christensen v. Cotnoir et al

Filing 158

SECOND ORDER CONTINUING DATES. Jury Selection set for 1/26/2015 08:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Jury Trial set for 1/26/2015 08:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Pretrial Conference set for 12/15/2014 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on 7/31/14. (jjoS, COURT STAFF) (Filed on 7/31/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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LILLIAN CHRISTENSEN,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 11-03864 JSW

v.
SECOND ORDER CONTINUING
DATES

ROBERT E. COTNOIR, et al.,

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Defendants.
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The Court has reviewed the administrative motion filed by Robert E. Cotnoir

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(“Cotnoir”) to continue the trial date. The Court HEREBY CONTINUES the pretrial

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conference and trial to December 15, 2014 at 2:00 p.m. and January 26, 2015 at 8:00 a.m.,

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respectively.

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Upon review of the documents submitted by Cotnoir, it appears as though both parties

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have failed to comply with the Court’s order requiring the parties to meet and confer in person

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by no later than July 21, 2014 in order to prepare the required pretrial filings. Cotnoir

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submitted a letter by Kenneth Steven Lundie (“Lundie”), but failed to state what efforts Cotnoir

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made to satisfy the requirement to meet and confer in person by July 21, 2014. The Court

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admonishes the parties that any further violation of a Court’s order will be sanctioned.

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Moreover, the Court notes that Lundie stated in his letter that he was unable to meet the July 21

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deadline and to consider his letter as satisfaction of the Court’s order. If a party is unable to

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meet a Court deadline or other order, the party is required to seek leave of Court to extend the

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deadline before the deadline passes. Additionally, the Court required the parties to meet and
confer in person.

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The parties cannot alter a Court order without prior leave of Court. Lastly, the Court notes

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Lundie’s request to meet with Cotnoir’s counsel’s administrative staff, as opposed to meeting

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with Cotnoir’s counsel directly. Despite the parties’ past inability to work well together, the

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parties cannot avoid the necessity of working together to prepare for trial. The Court’s order is

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a requirement for Lundie and Cotnoir’s counsel to meet and confer in person. To the extent

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the parties have not already done so, Lundie and Cotnoir’s counsel are hereby ordered to meet

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and confer in person by no later than August 22, 2014 in order to prepare the documents

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required by the Court’s Standing Order regarding pretrial conferences in civil jury cases and

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shall jointly file such documents by no later than September 5, 2014.
IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated: July 31, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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LILLIAN CHRISTENSEN,

Case Number: CV11-03864 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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ROBERT E COTNOIR et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on July 31, 2014, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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17 Ken Lundie
1753 NE Yaquina Heights Dr.
18 Newport, OR 97365-9568
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20 Dated: July 31, 2014
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk