Miller v. Rufion

The opinion of the court was delivered by: Hon. William McCurine, Jr. U.S. Magistrate Judge, U.S. District Court

ORDER: (1) SETTING STATUS CONFERENCE AND (2) DENYING MOTION TO STAY

[DOC. NOS. 79 and 80.]

The Court has received Defendants' Request to Amend the Scheduling Order in this matter [Doc. No. 79.] and Plaintiff's motion to stay [Doc. No. 80.] After careful review of the request and motion, the Court issues the following orders:

1. The Court will hold a telephonic Status Conference on August 5, 2010 at 3:30 p.m. with Magistrate Judge William McCurine, Jr., to discuss modification of the scheduling order. In cases where a party is incarcerated at the time of the scheduled conference, counsel for Defendants shall make arrangements for the incarcerated party to appear telephonically. Defense counsel is ordered to initiate a joint call to chambers on the day and at the time indicated above to (619) 557-6624.

2. Plaintiff's motion to stay is DENIED without prejudice. No stay of litigation is needed to address Plaintiff's concerns regarding missing property. Given the Defendants' request for a continuance to allow Dr. Akanno to prepare a defense, the Plaintiff will likely have additional time in which to contact the institutions where he was previously incarcerated and receive his property.

IT IS SO ORDERED.

20100721