UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 24, 2010
ROD IRELAND, PLAINTIFF,
SOLANO COUNTY JAIL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Lonny R. Suko United States District Judge
ORDER DENYING MOTIONS
Plaintiff's Motion For Imposition Of Sanctions (Ct. Rec. 40) is DENIED and Plaintiff's Motion For Leave To Seek Discovery (Ct. Rec. 41) is DENIED as moot. These motions were signed by the Plaintiff on January 29, 2010, and filed on February 4, 2010, just days after this court conducted a telephonic scheduling conference and entered a Scheduling Order (Ct. Rec. 38) on January 26, 2010. The pro se Plaintiff appeared at the conference. Defendant's counsel did not appear, but the court has no reason to believe counsel's non-appearance was anything other than inadvertent. The court chose to proceed with the conference. Most importantly, Plaintiff was not prejudiced by counsel's non-appearance at the scheduling conference. The Scheduling Order set a discovery deadline of September 7, 2010, and so the Plaintiff has been given adequate time to conduct discovery.
IT IS SO ORDERED.
The District Court Executive is directed to enter this order and forward a copy to the Plaintiff and to counsel for Defendants.
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