Marrocco v. Hill et al

Filing 100

ORDER Granting 95 Motion to Continue District Judge Hearing. Calendar Call set for 11/13/2013 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Jury Trial set for 11/18/2013 09:00 AM in LV Courtroom 6A before Judge James C. Mahan Signed by Judge James C. Mahan on 10/16/2013. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DOMINIC ANTHONY MARROCCO,

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2:12-CV-28 JCM (NJK)

Plaintiff,

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v.
MARK A. HILL, et al.,

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Defendants.

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ORDER

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Presently before the court is defendants’ motion to continue trial. (Doc. # 95).

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Defendants seek to continue the trial date, currently set for October 21, 2013, until after

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November 10, 2013. Defendants argue that such a continuance is necessary because of a conflict

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with their counsel’s preparation for an oral argument in the United States Supreme Court that is set

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to take place on November 4, 2013. While defendants’ counsel is not arguing before the Supreme

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Court himself, he plans to significantly aid in the preparation during the week preceding the oral

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argument.

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Plaintiff Dominic Marrocco filed an opposition, requesting that the motion be denied. (Doc.

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# 96). Plaintiff indicates that the amount of preparation time defendants’ counsel claims he needs

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is excessive, and that defendants’ counsel would have plenty of time following this trial to prepare

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for the oral argument in the Supreme Court. Plaintiff also suggests that the request for a continuance

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is not made in good faith, and is merely an attempt to delay this matter until a conclusion is reached

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in a related case that is currently scheduled for October 21, 2013, in the District Court of Harris

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James C. Mahan
U.S. District Judge

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County, Texas.

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Pursuant to local rules 6-1 and 26-4, a trial court may grant a motion to continue a trial date

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if good cause exists. “Good cause is a non-rigorous standard that has been construed broadly across

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procedural and statutory contexts.” Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1259 (9th Cir.

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2010) (internal quotation marks omitted).

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This court is well aware of the intensive preparation process that goes into preparing for an

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oral argument before the United States Supreme Court. This process often consumes attorneys’

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calendars for weeks on end with countless meetings and moot court arguments. Granting a

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continuance in this case would allow defendants’ counsel to best serve both his client in the case

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before the Supreme Court as well as the defendants in the present action. Therefore the court finds

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that the motion was made in good faith, and that there is good cause to continue the trial.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED, that defendants’ motion to

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continue trial (doc. # 95) be, and the same hereby is, GRANTED.

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The trial of this case presently scheduled for Monday, October 21, 2013, and calendar call

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presently scheduled for Wednesday, October 16, 2013, are hereby VACATED and trial is

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rescheduled for Monday, November 18, 2013, at the hour of 9:00 a.m. Calendar call is scheduled

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for Wednesday, November 13, 2013, at the hour of 1:30 p.m.

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DATED October 16, 2013.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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