Babb v. City of Tacoma et al

Filing 28

ORDER granting in part and denying in part 23 Motion to Continue signed by Judge Robert J. Bryan. (TC)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DEMOND LAVELLE BABB,

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Plaintiff,
v.
CITY OF TACOMA et al.,
Defendants.

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CASE NO. 3:18-cv-05215-RJB
ORDER GRANTING PLAINTIFF’S
MOTION FOR CONTINUANCE OF
TRIAL AND DENYING
PLAINTIFF’S MOTION FOR
EXTENSION OF DISCOVERY
DEADLINES

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THIS MATTER comes before the Court on the above-referenced motions (Dkt. 23). The

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Court is familiar with the file and documents filed in support of and in opposition to the motions.

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Plaintiff has made a showing justifying a short continuance of the trial date—that

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Plaintiff is incarcerated in Oregon until June 17, 2019. It is far easier for all concerned, and less

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expensive, to conduct a trial if the Plaintiff is not incarcerated. The trial date should be continued

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to a date after June 17, 2019. Counsel should meet and confer and provide the court with a joint

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status report with recommended trial dates and with trial counsels’ unavailable dates on or before

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January 31, 2019.

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ORDER GRANTING PLAINTIFF’S MOTION FOR CONTINUANCE OF TRIAL AND DENYING
PLAINTIFF’S MOTION FOR EXTENSION OF DISCOVERY DEADLINES - 1

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Plaintiff has not made a showing justifying an extension of discovery deadlines, and that
part of Plaintiff’s motion should be denied.

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In regard to Defendants’ deposition of Plaintiff, no motion is before the Court. Counsel

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should meet and confer to arrange for Plaintiff’s deposition at his place of incarceration and/or

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consider extending discovery deadlines for the limited purpose of deposing Plaintiff. Of course,

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the Court will consider any motions made.

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THEREFORE, it is now ORDERED that Plaintiff’s Motion for Continuance of Trial

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(Dkt. 23) is GRANTED and Plaintiff’s Motion for Extension of Discovery Deadlines (also Dkt.

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23) is DENIED.

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It is FURTHER ordered that the parties shall meet, confer, and report to the court on trial
dates as stated above.

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IT IS SO ORDERED.

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The Clerk is directed to send uncertified copies of this Order to all counsel of record and

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to any party appearing pro se at said party’s last known address.
Dated this 26th day of December, 2018.

A
ROBERT J. BRYAN
United States District Judge

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ORDER GRANTING PLAINTIFF’S MOTION FOR CONTINUANCE OF TRIAL AND DENYING
PLAINTIFF’S MOTION FOR EXTENSION OF DISCOVERY DEADLINES - 2