Batts v. County of Santa Clara

Filing 415

ORDER Granting Request to Modify re 412 Objection, filed by Christina Arquero, Peter Crandall, County of Santa Clara. Signed by Judge James Ware on April 4, 2011. (jwlc3, COURT STAFF) (Filed on 4/4/2011)

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Batts v. County of Santa Clara Doc. 415 1 2 3 4 5 6 7 8 9 10 Laila Batts, Plaintiffs, v. For the Northern District of California IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-00286 JW ORDER GRANTING DEFENDANTS' REQUEST TO MODIFY THE PRELIMINARY PRETRIAL CONFERENCE SCHEDULING ORDER / Presently before the Court is Defendants' Request to Modify the Preliminary Pretrial Conference Scheduling Order. (See Docket Item No. 412.) In their Request, Defendants contend that their designated OB/GYN expert will be unavailable until mid-November and request that the trial dates be reset to begin on December 5, 2011. (Id.) Plaintiff does not oppose the Request to reset the trial dates to December 5. (See Docket Item No. 414.) Upon review, the Court finds good cause to GRANT Defendants' Request to Modify the trial schedule. However, in light of its own availability, the Court cannot accommodate Defendants' proposed December 5, 2011 start date. Accordingly, the Court Orders as follows: Final Pretrial Conference at 11 a.m. (¶4 ) (.14 days before Jury Selection) November 21, 2011 at 11 a.m. United States District Court 11 12 County of Santa Clara, et al., 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 Joint Pretrial Conference Statement, In Limine Motions, and Proposed Jury Instructions Due (.30 days before Final Pretrial Conference) Once the in limine binders are lodged with the Court (¶3(b)), the Court will determine whether a hearing is necessary for the motions in advance of the Final Pretrial Conference and set the hearing accordingly. Jury Selection Jury Trial Date and Sessions1 Sessions 1-4 Sessions 5-8 Argue & Submit Jury Deliberations October 24, 2011 December 6, 2011 at 9 a.m. December 6-9, 2011, 1 p.m. - 4 p.m. December 13-16, 2011, 1 p.m. - 4 p.m. December 20, 2011 at 1 p.m. December 20-23, 2011, as needed United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In light of the new trial schedule and the Court's desire to manage pending motions on its docket, the Clerk of Court shall terminate all pending Motion in Limines as withdrawn. The parties shall refile these Motions at the appropriate time in preparation for the new Final Pretrial Conference. Dated: April 4, 2011 JAMES WARE United States District Chief Judge Jury trials are held in afternoon sessions from 1:00pm to 4:00pm, Tuesdays through Fridays unless the Court otherwise specifies. At the Final Pretrial Conference, the Court reserves the right to fold the afternoon sessions into morning sessions (9:00 a.m. - 12:00 p.m.) thus creating full days for trial. The final trial schedule will be confirmed at the Final Pretrial Conference. 2 1 1 2 3 4 5 6 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Aryn Paige Harris aryn.harris@cco.sccgov.org Barry Clement Marsh bmarsh@hinshaw-law.com Blaise S. Curet bcuret@spcclaw.com Gregory Joseph Sebastinelli gregory.sebastinelli@cco.sccgov.org Jeremy L. Friedman jlfried@comcast.net Scott R Kanter skanter@hinshaw-law.com Stephen Ryan Wong swong@spcclaw.com Dated: April 4, 2011 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy 7 8 9 10 United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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