IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
August 13, 2008
ERNESTO LIRA, PLAINTIFF,
DIRECTOR OF CORRECTIONS, ET AL. DEFENDANTS.
The opinion of the court was delivered by: Susan Illston
PLAINTIFF'S REQUEST FOR CASE MANAGEMENT CONFERENCE Proposed Conference Date: September 22, 2008 Time: 9:00 a..m. Ctrm: Judge: The Honorable Susan Illston Complaint Filed: March 14, 2000 Trial Date: None Set
Plaintiff Ernesto Lira, pursuant to Local Rule 16-10(c), requests that the Court schedule a case management conference concurrently with the noticed hearing on his motion for dismissal of 13 individual defendants, set for September 22, 2008, at 9:00 a.m. The request is made on the following grounds:
1. Mr. Lira is currently in the process of securing dismissal of the 13 individual defendants for the purpose of mooting their pending interim appeal from denial of summary judgment on qualified immunity grounds, so that the appellate stay can be fully lifted and the balance of Mr. Lira's case as against defendant Secretary of the California Department of Corrections and Rehabilitation can proceed without further delay.
2. The process of securing this relief has already involved two motions, in addition to Mr. Lira's pending motion to dismiss the individual defendants, and a period of five months. A fourth and final motion before the Ninth Circuit will still be required in order to dismiss the interim appeal as moot once dismissal of the individual defendants is accomplished.
3. In order to minimize further delay entailed in the rescheduling of trial, Mr. Lira submits that it would be appropriate and beneficial to all parties if a case management conference were held in conjunction with the noticed September 22 hearing on his motion to dismiss, so that a new trial date can be provisionally set and any remaining pre-trial matters such as remaining discovery can be addressed as well.
Dated: August 11, 2008
CHAPMAN, POPIK & WHITE, LLP
Mark A. White
Attorneys for Plaintiff Ernesto Lira
IT IS SO ORDERED
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