Lemus v. Olaveson et al

Filing 90

ORDER that 83 Motion to Continue Trial is GRANTED. Calendar Call continued to 10/26/2016 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Jury Trial continued to 10/31/2016 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 7/27/16. (Copies have been distributed pursuant to the NEF - MMM) Modified on 7/27/2016 to reflect trial date - nef regenerated (MMM).

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JHONNY DARIO LEMUS,

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Case No. 2:14-CV-1381 JCM (NJK)
Plaintiff(s),

ORDER

v.
ROBERT JAMES OLAVESON, et al.,

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Defendant(s).

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Presently before the court is plaintiff Jhonny Dario Lemus’s emergency motion to continue
trial. (ECF No. 83). Defendants have not filed oppositions.

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After plaintiff’s previous counsel was disqualified, the court continued the trial in this

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matter approximately sixty days to its current setting: August 22, 2016. (See ECF No. 79). Plaintiff

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promptly retained new counsel. (See ECF No. 83 at 1). Counsel represents that he and his firm

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have been preparing diligently for trial on the August date. (Id.) However, counsel indicates that

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he recently learned that two of plaintiff’s key witnesses will be unavailable the week of trial due

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to scheduled travel outside the district. (Id.)

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Plaintiff asserts that both witnesses are necessary to the presentation of his case and that he

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would be prejudiced by proceeding to trial in their absence. This is plaintiff’s current counsel’s

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first request for a continuance. (Id. at 8). Further, plaintiff represents that he will not request any

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further continuances. (Id.)

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District courts have broad discretion over whether to grant a continuance. Danjang LLC v.

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Sony Corp., 263 F.3d 942, 961 (9th Cir. 2001). The court finds that plaintiff would be prejudiced

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by denial of the continuance. Good cause thus exists to grant the continuance. See id. The court’s

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schedule, however, will not permit a trial beginning on October 10, 2017, the date proposed by

James C. Mahan
U.S. District Judge

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plaintiff. Instead, the trial will be set for October 31, 2016, at 9:00 a.m. with a calendar call on

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October 26, 2016, at 1:30 p.m.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff Jhonny Dario

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Lemus’s emergency motion to continue trial (ECF No. 83) be, and the same hereby is, GRANTED.

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IT IS FURTHER ORDERED that the trial currently set for August 22, 2016, at 9:00 a.m.

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be, and the same hereby is, CONTINUED to October 31, 2016, at 9:00 a.m.
IT IS FURTHER ORDERED that the calendar call currently set for August 17, 2016, at
1:30 p.m. be, and the same hereby is, CONTINUED to October 26, 2016, at 1:30 p.m.
DATED July 27, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

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James C. Mahan
U.S. District Judge

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