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Annette Sharlene Elder-Evins v. Michael J. Casey

UNITED STATES DISTRICT COURT Northern District of California Oakland Division


February 10, 2012

ANNETTE SHARLENE ELDER-EVINS,
PLAINTIFF,
v.
MICHAEL J. CASEY, ET AL.
DEFENDANTS.

The opinion of the court was delivered by: Laurel Beeler United States Magistrate Judge

ORDER RE: (1) THE PARTIES' HEARING ON PLAINTIFF'S

On June 28, 2011, Judge Armstrong referred Defendant's motion to determine Plaintiff's

STIPULATION TO CONTINUE 13 COMPETENCY HEARING AND (2)

MOTION TO EXCLUDE RECORDS

competency. Order of Reference, ECF No. 148; see Defendant's Motion, ECF No. 115. Since then, S S

18 Plaintiff's counsel has been appointed for purposes of this competency hearing. The competency 19 hearing has been continued several times: from August 25, 2011, to November 17, 2011, to December 15, 2011, to January 19, 2012, and to its current date of March 15, 2012. Plaintiff's 21 opposition and Defendant's reply briefs have yet to be filed, although they are currently due, per the 22 parties' stipulation, on February 9, 2012 and February 23, 2012, respectively. 23 The parties have now filed a stipulation seeking a further continuance of the competency 24 hearing. Stipulation, ECF No. 198. The reason for this continuance is the unavailability of Dr. 25 Apostle, whose oral testimony Defendant would like to present at the hearing. Id. Good cause 26 being shown, the court will continue the hearing on Defendant's motion to determine Plaintiff's 27 competency. It will be heard on Thursday, May 17, 2012 at 11:00 a.m., which is the court's next 28 available law and motion calendar date that does not appear to conflict with either Dr. Apostle's or

Defendant's counsel's schedules, as listed in the parties' stipulation. 2 The court does not find good cause, however, to extend the briefing schedule that the parties 3 chose by stipulation. Accordingly, Defendant's reply brief is still due no later than February 23, 4 2012. 5 In addition to Defendant's motion, Plaintiff filed on February 10, 2012 a motion to exclude 6 records and an objection to Defendant's request for judicial notice. Plaintiff's Motion, ECF No. 7 200. Plaintiff noticed her motion for March 15, 2012. In light of the continuation of the hearing on 8 Defendant's motion, the court will continue the hearing on Plaintiff's motion, too. Plaintiff's motion 9 will be heard on Thursday, May 17, 2012 at 11:00 a.m., and briefing on Plaintiff's motion shall 10 proceed in accordance with this District's Civil Local Rule 7-3. 11 IT IS SO

ORDERED.

20120210

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