Mauwee, Sr. v. Palmer et al

Filing 83

ORDER - Defendants' # 76 Motion to continue the trial date and associated deadlines is GRANTED and the and March 2, 2015 Trial Date and the associated February 23, 2015 Calendar Call are VACATED. Signed by Magistrate Judge William G. Cobb on 12/10/2014. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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EUGENE A. MAUWEE, SR.,

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Plaintiff,
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vs.
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JACK PALMER, et al.,
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Defendants.
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______________________________________)

3:10-cv-00250-RCJ-WGC
ORDER
re: Doc. # 76

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Before the court is Defendants' Motion to Continue Trial Date and Associated Deadlines. (Doc.
# 76.)1 Plaintiff has opposed. (Doc. # 79.) Defendants have replied. (Doc. # 81.)2

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Defendants argue the trial date should be vacated because the legal issues attendant to the

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Defendants' second motion for summary judgment would dispositive of the remaining issues. (Doc. # 76

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at 1-2.) Plaintiff contends Defendants are engaging in stalling or delay tactics. (Doc. # 79 at 2.) Plaintiff

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also argues Defendants' counsel has missed numerous deadlines attendant to this case. (Id. at 3-4.)

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Defendants' reply notes District Judge Robert C. Jones specifically allowed Defendants "to file a

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successive motion for summary judgment based on the Hudson and Paratt line of cases" and that

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Defendants availed themselves of the opportunity six weeks after Judge Jones' order. (Doc. # 81 at 2-3.)

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As noted in this court's order denying Plaintiff's motion to strike (Doc. # 82), the court views

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Defendants' Second Motion for Summary Judgment (Doc. # 74) as falling within the purview of Judge

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Jones' order. Inasmuch as the motion for summary judgment may dispositive of all remaining legal

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Refers to court's docket number.

Defendants' reply memorandum was not timely filed. Defendants have in a separate motion sought leave to file
the reply. (Doc.# 80.) The court will allow the filing of Defendants' reply memorandum (Doc # 81).

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issues, proceeding with trial preparation and possibly trial itself would not be a fruitful expenditure of

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limited judicial resources.

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Therefore, Defendants' motion to continue the trial date and associated deadlines (Doc. # 76) is

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GRANTED and the and March 2, 2015 Trial Date and the associated February 23, 2015 Calendar Call

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are VACATED.

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IT IS SO ORDERED.

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DATED: December 10, 2014.

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_____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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