Anderson vs. Caldwell County Sheriff's Office, et al

Filing 217

ORDER granting 211 Motion to Postpone and/or Reschedule the Hearing and Final Pretrial Conference Set for December 29, 2011. Court will continue the hearing until Friday morning, December 30, 2011, at 9:00 am (along with the final pretrial conference if such shall be necessary). Signed by District Judge Martin Reidinger on 12/22/2011. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:09cv423

JERRY ANDERSON,
Plaintiff,
vs.

CALDWELL COUNTY SHERIFF’S
OFFICE; et. al.,
Defendants.

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ORDER

THIS MATTER is before the Court on the “Defendants’ Alternative
Motion to Postpone” [Doc. 211] filed December 21, 2011.
Defendants are correct in their motion that the filing of a notice of appeal
is “an event of jurisdictional significance.” [Id. at 2]. It is for that reason that
the Court desires to address that jurisdictional issue as fully as possible and
with the greatest clarity possible. The purpose of the Court’s earlier Order as
well as the purpose of the hearing scheduled for December 29 was to
facilitate the Court’s attending to that issue - and if it turns out that there is
some portion of this case over which this Court continues to have jurisdiction
to conduct the final pretrial conference as that portion remains set for trial

beginning January 9, 2012.
Defendants’ counsel have informed the Court that they have scheduling
conflicts concerning family health issues that would prevent either Mr. Morgan
or Mr. Numbers from attending the hearing as scheduled. The Court desires
to accommodate such conflicts. In light of the extremely short time frame in
which the Court must address the jurisdictional issue, however, the hearing
cannot be long postponed. For this reason the Court will continue the hearing
until Friday morning, December 30, 2011, at 9:00 am (along with the final
pretrial conference if such shall be necessary).
IT IS SO ORDERED.
Signed: December 22, 2011