Pekrins et al v. Angulo et al

Filing 77

ORDER Denying 76 Defendants' Ex Parte Application to Vacate Dates. Signed by Magistrate Judge Linda Lopez on 2/10/2021. (All non-registered users served via U.S. Mail Service)(mme)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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Case No.: 18cv850-DMS-LL

GARY RONNELL PERKINS,
Plaintiff,

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v.

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ORDER DENYING DEFENDANTS’
EX PARTE APPLICATION TO
VACATE DATES

C. ANGULO, et al.,

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Defendants.

[ECF No. 76]

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Currently before the Court is Defendants’ “Ex Parte Application to Vacate the

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Scheduling Order and Mandatory Settlement Conference Pending a Ruling on the

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Parties’ Motion for Summary Judgment.” ECF No. 76. Defendants request that the

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Court: (1) vacate the Mandatory Settlement Conference (“MSC”) currently set for

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February 18, 2021; and (2) vacate all other remaining pre-trial deadlines in the Court’s

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March 13, 2020 Scheduling Order [ECF No. 37], pending the resolution of the Parties’

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Motions for Summary Judgment [ECF Nos. 58, 70]. ECF No. 76 at 2-3. In support,

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Defendants state their efforts to comply with the remaining deadlines in this case will be

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“greatly impacted” by the Court’s ruling on the Parties’ Motions for Summary Judgment

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and vacating these deadlines until an order issues will allow them to “determine how, if at

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all, the ruling affects their cases, settlement positions, and trial preparation.” Id. at 3.

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18cv850-DMS-LL

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In this case, the Court does not find the Parties’ pending Motions for Summary

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Judgment to be good cause to vacate the MSC. The Court is confident that the MSC can

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still lead to productive discussions despite the pending Motions and DENIES

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Defendants’ request. As for Defendants’ request to vacate the remaining pre-trial

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deadlines, the Court notes the first of these is set weeks away on March 5, 2021. For

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these reasons, the Court also DENIES this request as premature.

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IT IS SO ORDERED.

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Dated: February 10, 2021

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18cv850-DMS-LL