Guerrero v. Wharton

Filing 149

ORDER granting 141 Motion to Continue; Calendar Call reset for 3/17/2020 at 09:00 AM in LV Courtroom 7D before Judge Gloria M. Navarro. Jury Trial reset for 3/23/2020 at 08:30 AM in LV Courtroom 7D before Judge Gloria M. Navarro. Signed by Judge Gloria M. Navarro on 10/28/2019. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KELLY GUERRERO,

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Plaintiff,

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vs.

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VINCE NEIL WHARTON,
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Defendant.

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Case No.: 2:16-cv-01667-GMN-NJK
ORDER

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Pending before the Court is Defendant Vince Neil Wharton’s (“Defendant”), Motion to

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Continue Trial, (ECF No. 141). Plaintiff Kelly Guerrero (“Plaintiff”) filed a Response, (ECF

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No. 142), and Defendant did not file a reply.

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In his Motion, Defendant indicates that he has newly-retained counsel; that he recently

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received his file from prior counsel; that the file is voluminous; and that “[u]p until this point,

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[current] counsel for Defendant has not had an opportunity to review any of the discovery in

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this case, or to speak to any witness listed by any of the parties in this matter.” (See Def.’s Mot.

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to Continue ¶¶ 5–7, ECF No. 141). For these reasons, and others not discussed here, Defendant

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requests that trial in this matter be continued for a period of 90 days. (Id. ¶ 8). Plaintiff

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responds inter alia that “[t]he fact that [Defendant’s prior counsel] liened Defendant[’s] file in

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this lawsuit is completely Defendant’s own fault,” and “[w]hatever time constraints

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[Defendant] may claim in preparing for trial was his own doing.” (Pl.’s Resp. at 6, ECF No.

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142).

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Upon review and consideration, the Court finds that Defendant has sufficiently shown

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the need for a continuance so that Defendant may adequately prepare for trial. However,

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Defendant is advised that no additional trial continuances will be granted.

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Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion to Continue Trial, (ECF No.

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141), is GRANTED. Defendant is advised that no further requests to continue trial will be

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granted.

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IT IS FURTHER ORDERED that the jury trial currently scheduled for November 18,
2019, at 8:30 a.m. is vacated and continued to March 23, 2020, at 8:30 a.m. in Courtroom 7D.
IT IS FURTHER ORDERED that based on the above, the calendar call currently

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scheduled for November 12, 2019, at 9:00 a.m. is vacated and continued to March 17, 2020, at

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9:00 a.m. in Courtroom 7D.

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DATED this _____ day of October, 2019.

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___________________________________
Gloria M. Navarro, District Judge
United States District Court

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