UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
June 18, 2008
ALBERTO VERA JIMENEZ, PLAINTIFF,
R. SAMBRANO, ET AL., DEFENDANTS.
The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER DENYING DEFENDANTS' EX PARTE APPLICATION TO CONTINUE THE FINAL PRETRIAL CONFERENCE
On June 16, 2008, Defendants filed an ex parte application seeking a continuance of the final pretrial conference set on this court's calendar for June 23, 2008. For the reasons which follow, the ex parte application is DENIED.
The reason given for the continuance is that Defendants' counsel will be on a prepaid family vacation from June 22 through June 30, 2008 and that the arrangements for the vacation, including the purchase of airline tickets, were made when the pretrial conference was scheduled for May 23, 2008. By order filed May 21, 2008, the pretrial conference was continued to June 23, 2008. Since May 21, 2008 until now, Defense counsel has not informed the court of his need to reschedule the pretrial conference to accommodate his vacation plans. Although he has contacted chambers at least once on a matter relating to the pretrial conference during this time, he has not brought the issue of the continuance to the court's attention until now. On June 6, 2008, the court issued a writ of habeas corpus ad testificandum to secure Plaintiff's attendance in person at the pretrial conference. A notice of this writ was sent Defendants' counsel via e-mail on the same date, however, he waited for ten days, until only five business days prior to the hearing date, to inform the court of his allegedly long-standing vacation plans.
Because of the delay in making the request and the complications that would result from having to recall the writ at this late date, the ex parte application for a continuance of the final pretrial conference is DENIED. If Defendants' counsel does not wish to attend the pretrial conference, he may request his office to assign this case to another counsel for trial. To the extent necessary or desirable, the court expects Defendants' counsel and his office to fully cooperate in the process of securing Plaintiff's attendance in person at the pretrial conference on June 23, 2008 at 11:00 a.m.
IT IS SO ORDERED.
HON. PETER C. LEWIS UNITED STATES MAGISTRATE JUDGE
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