Marinello v. California Department of Corrections & Rehabilitation

Filing 74

ORDER FOLLOWING PRELIMINARY PRETRIAL CONFERENCE. Motion Hearing set for 10/26/2009 09:00 AM, Case Management Conference set for 10/26/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 6/16/2009. (ecg, COURT STAFF) (Filed on 6/17/2009)

1 2 3 4 5 6 7 8 9 10 Rosario Marinello, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 08-00664 JW ORDER FOLLOWING PRELIMINARY PRETRIAL CONFERENCE

United States District Court

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For the Northern District of California

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California Department of Corrections & Rehabilitation, Defendant. /

On June 15, 2009, the Court conducted a Preliminary Pretrial Conference. Counsel for Defendant was present. Plaintiff appeared in pro se. In light of the discussion at the conference, the Court finds that the case is not ready for a trial schedule at this time. Accordingly, the Court ORDERS as follows: (1) The last date for hearing dispositive motions is October 26, 2009 at 9 a.m.1 The parties shall file their motions in accordance with the Civil Local Rules of Court. (2) The parties shall appear for a subsequent Case Management Conference on October 26, 2009 at 10 a.m. The parties shall file a Joint Case Management Statement on or

At the conference, counsel for Defendant represented to the Court that its Scheduling Order states that the last date for filing dispositive motions was set for September 14, 2009. However, upon review of the Court's Scheduling Order issued on November 20, 2008, the language is unequivocal that September 14, 2009 is set as the last date for hearing dispositive motions. (See Docket Item No. 58.) However, in light of the fact that the Court's September 14, 2009 calendar is filled, the Court will extend the hearing date to October 26, 2009.

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before October 16, 2009. The parties' Statement shall address, among other things, the parties' settlement efforts and plan for proceeding with the remainder of this case.

Dated: June 16, 2009

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: David Pai [e-mail] Rosario Marinello 266 Reservation Rd. #f-232 Marina, CA 93933

Dated: June 16, 2009

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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