Aguayo-Becerra v. Ash Grove Cement Company et al

Filing 69

MINUTE ORDER granting Defendant TPE Engineered Systems Inc.'s 64 Motion to Continue Trial. Jury Trial is continued to 1/29/2018 at 09:30 AM before U.S. District Judge John C Coughenour. Plaintiff is ordered to SHOW CAUSE why the C ourt should not dismiss the claims against those Defendants who have not appeared-or have not been identified-for failure to prosecute. Show Cause Response due within 14 days of this order. Authorized by U.S. District Judge John C Coughenour. (PM)

THE HONORABLE JOHN C. COUGHENOUR

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

7
8
9

SALOME AGUAYO-BECERRA,
Plaintiff,

10

13
14

ASH GROVE CEMENT COMPANY, a
Delaware corporation; GOODMAN
CONVEYOR COMPANY; and JOHN
DOES 1-12,
Defendants.

15
16

MINUTE ORDER

v.

11
12

CASE NO. C15-1561-JCC

The following Minute Order is made by direction of the Court, the Honorable John C.

17 Coughenour, United States District Judge:
18

This matter comes before the Court on the motion to continue trial by Defendant TPI

19 Engineered Systems Inc. (Dkt. No. 64), to which the parties have stipulated. (See Dkt. No. 68.)
20

The parties have requested a trial day of May 7, 2018, or later. (Id. at 1.) However, given

1
21 the slow pace of this case so far, the Court deems such an extension too long. Instead, the

22 Court CONTINUES the jury trial in this case from September 11, 2017 to Monday,
23 January 29, 2018 at 9:30 a.m.
24
25

1

The Court acknowledges that TPI was added as a Defendant later than others, in
26 November 2016. (See Dkt. No. 68 at 2.) Although the Court is not providing as much additional
time as requested, a January 2018 trial date would still give TPI over a year to prepare for trial.
MINUTE ORDER, C15-1561-JCC
PAGE - 1

1

In addition, the Court ORDERS Plaintiff Salome Aguayo-Becerra to show cause why the

2 Court should not dismiss the claims against those Defendants who have not appeared—or have
3 not been identified—for failure to prosecute.2 Plaintiff shall show cause or take action as to
4 those Defendants within 14 days of this order or those Defendants will be dismissed from
5 this case without prejudice.
6

The Clerk is DIRECTED to terminate Docket Number 64.

7

DATED this 13th day of March 2017.

8

William M. McCool
Clerk of Court

9

s/Paula McNabb
Deputy Clerk

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

2

Currently the docket reflects that Defendants John Doe 11 and John Doe 12 have not
26 been identified and Defendants Joy Global, Inc., Continental Conveyor & Equipment Co.,
Transmission Products, Inc., and N.E.S. Investment Co. have not appeared.
MINUTE ORDER, C15-1561-JCC
PAGE - 2