Adams v. Kraft et al

Filing 163

Order by Hon. Lucy H. Koh granting 162 Motion to Postpone Pretrial Conference and Trial.(lhklc3, COURT STAFF) (Filed on 10/27/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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BERRY LYNN ADAMS,

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Plaintiff,
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v.
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DANIEL L. KRAFT, a State of California Park )
Ranger, et al.,
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Defendants.
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Case No.: 10-CV-00602-LHK
ORDER RESETTING PRETRIAL
CONFERENCE AND TRIAL DATE
(re: dkt #162)

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On October 26, 2011, the Court granted Plaintiff a one-day extension to file his motions in

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limine, pursuant to Plaintiff’s request for an extension due to a family medical emergency. In that

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Order, the Court noted that it would not reschedule the pretrial conference set for November 7,

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2011, or the trial set to begin on November 14, 2011. The next day, however, Plaintiff filed a

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Request for an Order Postponing the Trial Date, supported by a declaration by Plaintiff’s counsel

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providing greater detail about her family medical circumstances. Furthermore, the declaration

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states that opposing counsel is sympathetic to Plaintiff’s counsel’s situation and does not oppose

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this request for postponement.

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Although the Court is extremely reluctant to postpone resolution of this case, the Court

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recognizes the exceptional nature of Plaintiff’s request and will therefore continue the pretrial

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conference from November 7, 2011, to December 20, 2011, at 2:00 p.m., and continue the trial

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start date from November 14, 2011, to January 3, 2012, at 9:00 a.m. The matter is now set for trial

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Case No.: 10-CV-00602-LHK
ORDER RESETTING PRETRIAL CONFERENCE AND TRIAL DATES

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on January 3, 2012, from 9:00 a.m. to 4:30 p.m.; January 6, 2012, from 9:00 a.m. to 4:30 p.m.;

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January 9, 2012, from 9:00 a.m. to 4:30 p.m.; and January 10, 2012, from 9:00 a.m. to 4:30 p.m.

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The parties shall comply with the Court’s Standing Order governing Final Pretrial

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Conferences in Jury Trials and file their joint pretrial statement no later than 14 days before the

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pretrial conference. Likewise, Plaintiff shall file his motions in limine no later than 14 days before

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the pretrial conference. Defendants have already timely filed their motions in limine based on the

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November 7, 2011 pretrial conference date. For both parties, responses to motions in limine will

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be due no later than 10 days before the final pretrial conference.

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Although the Court is sympathetic to Plaintiff’s counsel’s family situation, the Court will

United States District Court
For the Northern District of California

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not grant any further requests for extension. Should Plaintiff’s counsel find herself unable to

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comply with this Order, she shall timely file a motion to substitute counsel so that the case

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proceeds in accordance with the schedule set forth herein.

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IT IS SO ORDERED.

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Dated: October 27, 2011

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LUCY H. KOH
United States District Judge

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Case No.: 10-CV-00602-LHK
ORDER RESETTING PRETRIAL CONFERENCE AND TRIAL DATES