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Brown v. Castillo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 14, 2009

ALFRED BROWN, PLAINTIFF,
v.
EDGAR CASTILLO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

ORDER RE MOTION FOR MODIFICATION OF SCHEDULING ORDER (Doc. 202)

Plaintiff Alfred Brown ("plaintiff") is a state prisoner proceeding in this civil rights action pursuant to 42 U.S.C. § 1983. This Court issued a Second Scheduling Order on July 28, 2008, setting this matter for pretrial conference and for trial. (Doc. 184). Plaintiff's counsel subsequently filed three stipulated motions for modification of the Second Scheduling Order, requesting that the deadlines set forth in the Order be extended. (Docs. 191, 195, 197). The Court has granted each of the three previous requests. On May 6, 2009, Plaintiff's counsel filed a fourth stipulated motion to modify the scheduling order, again requesting that all dates be extended. (Doc. 202)

Modification of the pretrial scheduling order requires a showing of good cause. Fed. R. Civ. P. 16(b). "The schedule may be modified 'if it cannot reasonably be met despite the diligence of the party seeking the extension.'" Zivkovic v. Southern California Edison Co., 302 F.3d 1080, 1087 (9th Cir. 2002) (quoting Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 607 (9th Cir. 1992)). "If the party seeking the modification 'was not diligent, the inquiry should end' and the motion to modify should not be granted." Id.

The Court does not find good cause to warrant a further continuance of the telephonic trial confirmation hearing, nor of the trial. Accordingly, this action remains set for telephonic trial confirmation hearing on June 4, 2009 at 8:15 a.m. in Courtroom 4. This action also remains set for jury trial on July 13, 2009 at 8:30 a.m. in Courtroom 4.

Plaintiff's pre-trial statement, motion for attendance of incarcerated witnesses, and money orders for the attendance of unincarcerated witnesses who refuse to testify voluntarily were due on May 6, 2009. Plaintiff has not yet filed/submitted any of these documents. The Court will grant Plaintiff one final opportunity to do so. Plaintiff's pre-trial statement, motion for attendance of incarcerated witnesses, and money orders to secure the attendance of unincarcerated witnesses who refuse to testify voluntarily are due no later than May 21, 2009.*fn1

Defendants pretrial statement remains due May 27, 2009. Any opposition to the motion for attendance of incarcerated witnesses is also due May 27, 2009.

The parties are to initiate the telephonic trial confirmation hearing by calling (559) 499-5680, and are to appear together on a single phone line.

IT IS SO ORDERED.


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