State Farm Life Insurance Company v. Cai et al

Filing 44

ORDER DENYING 42 MOTION to Continue. Signed by Judge Koh on 9/14/2010. (lhklc1, COURT STAFF) (Filed on 9/14/2010) (Additional attachment(s) added on 9/14/2010: # 1 certificate of mailing) (lhklc1, COURT STAFF).

State Farm Life Insurance Company v. Cai et al

Doc. 44

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Case No.: 09-CV-00396-LHK ORDER DENYING REQUEST FOR CONTINUANCE
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION STATE FARM LIFE INSURANCE COMPANY, v. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Case No.: 09-CV-00396-LHK ORDER DENYING REQUEST FOR CONTINUANCE

JASON CAI and THE ESTATE OF YING DENG, Deceased, Defendants.

On September 8, 2010, Defendant Jason Cai filed a motion to continue this matter until the middle of 2011, approximately nine months from now. Mr. Cai has been in custody from the outset of this proceeding. He is currently preparing for trial in another matter and looking for counsel to represent him in this case. Defendant Estate of Ying Deng objects to Cai's request for a continuance on grounds that the case has been pending since January 2009 and Defendant Cai does not present good cause to justify further delay. The Court is sensitive to the difficulties of litigating a case while in custody and without the assistance of counsel. Nonetheless, this matter has already been pending for over a year and eight months. The parties have not yet had a single case management conference. Motions filed by Plaintiff State Farm and Defendant Estate were initially filed in April 2010 and have already been

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continued twice. The motions are currently scheduled to be heard on November 12, 2010, two months from now. Moreover, Defendant Cai has already obtained a continuance to accommodate preparations for trial. Order (1) Granting in Part Req. for Continuance; and (2) Setting Deadline for Consent or Declination to Proceed before a Magistrate Judge, ECF No. 27. The Court does not find good cause for the requested approximately nine-month continuance; thus, the request for a continuance is DENIED. IT IS SO ORDERED.

Dated: September 14, 2010

_________________________________ LUCY H. KOH United States District Judge

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Case No.: 09-CV-00396-LHK ORDER DENYING REQUEST FOR CONTINUANCE