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Smith v. Simmons

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 18, 2009

THOMAS N. SMITH, PLAINTIFF,
v.
DARRIN SIMMONS, INDIVIDUALLY AND DBA CLEAN AIR PRODUCTS, AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

DENIAL OF REQUEST FOR CONTINUANCE

Defendant, Darrin Simmons and Clean Air Products, Inc. notified the Court on August 14, 2009, of a possible trial conflict. A request for a continuance was made.

As counsel were previously, unequivocally advised, this case, Smith v. Darrin Simmons, is a four year old case which has been on the Court's CJRA list for over one year.

Counsel were told that this case will go to trial as scheduled and that there is no circumstance under which it can be continued. Defendant's counsel does not indicate that his Fresno case is an older case. In fact, it is clear that the case "07" is a 2007 case, a newer case. No good cause for continuance has been shown. The motion for continuance is denied.

The trial date is advanced to August 28, 2009, at 9:30 a.m. Defense counsel may, if necessary, provide a copy of this Order to the Superior Court Judge in Fresno County in the case Graham v. Smith's Medical, et al., case number 07 CE CG 02215 of this order and to advise that he has been ordered by the Federal Court to proceed to trial as scheduled on August 28, 2009.

SO ORDERED

20090818

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