The Regents of the University of California v. Boston Scientific Corporation

Filing 78

ORDER DENYING REQUEST TO CONTINUE TRIAL DATE AND EXTEND DEADLINES by Judge Yvonne Gonzalez Rogers,denying 77 Stipulation. (fs, COURT STAFF) (Filed on 1/26/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA,

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Plaintiff,

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Case No.: 16-CV-6266 YGR
ORDER DENYING REQUEST TO CONTINUE
TRIAL DATE AND EXTEND DEADLINES
DKT. NO. 77

v.
BOSTON SCIENTIFIC, CORP.,
Defendant.

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Northern District of California

United States District Court

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The Court is in receipt of the parties’ Stipulation to Extend Discovery Deadlines and Continue
Trial Date filed January 22, 2018. (Dkt. No. 77.) The Court DENIES the request to continue the trial
date and related deadlines. Trial continuances are disfavored. The burden and disruption that result
“counsel[ ] against continuances except for compelling reasons.” Morris v. Slappy, 461 U.S. 1, 11
(1983); accord Payne v. Jones, 711 F.3d 85, 92 (2d Cir. 2013); see, e.g., California Rule of Court
3.1332(c) (listing circumstances that may support trial continuance).
Here, not even a minimal showing was made. New counsel, hired last fall, must have been
aware that the case had a trial date set for February 4, 2019. If counsel could not commit to the date,
they should not have accepted the engagement. The Court will consider a request to extend dates not
related to the trial specifically, or any motion practice, as long as the parties understand that moving
such deadlines may mean that they may have to dual-track motion practice and trial preparation.
IT IS SO ORDERED.
Dated: January 26, 2018

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_______________________________________

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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