United States District Court, E.D. California
JOSE B. ORTIZ, Plaintiff,
v.
J. REYNOLDS, et al., Defendants.
ORDER
EDMUND
F. BRENNAN, UNITED STATES MAGISTRATE JUDGE
Plaintiff
is a state prisoner proceeding without counsel in an action
brought under 42 U.S.C. § 1983. He filed a motion
seeking either an extension of time to file objections to the
pretrial order or to continue the trial date, stating that he
was transferred to a new prison in mid-January and had not
yet received his legal property. ECF No. 129. The court
directed defense counsel to inquire into the status of
plaintiff's legal property, ECF No. 131, and counsel
submitted a response on June 6, 2016, stating that plaintiff
had not been given that property until June 1, 2016 due to it
having been erroneously shipped to the wrong facility. ECF
No. 133.
Because
plaintiff was deprived of his legal property until recently
and was therefore unable to properly prepare for the upcoming
trial, his motion to continue the trial date is granted. He
is also granted an extension of time to object to the
pretrial order.
Accordingly,
it is hereby ORDERED that:
1. The
jury trial set for August 1, 2016 is hereby VACATED and RESET
for November 14, 2016, at 9 a.m. in Courtroom No. 7.
2.
Plaintiff shall have 21 days from the date of this order to
file any objections to the Pretrial Order. The court will
rule on any objections filed by plaintiff, as well as the
objections filed by defendant (ECF No. 125) after that
deadline has passed, except that:
a. Defendant's objection regarding the exhibits section
of the pretrial order is moot in light of the May 17, 2016
Supplemental Pretrial Order (ECF No. 132) and is accordingly
overruled; and
b. Defendant's objection regarding a proposed statement
of the case is moot in light of the May 17, 2016 Supplemental
Pretrial Order (ECF No. 132) and is accordingly overruled.
3. The
deadlines provided in the May 17, 2016 Supplemental Pretrial
Order (ECF No. 132) are continued as follows:
a. The following deadlines, previously set for July 11, 2016,
are continued to October 24, 2016:
i. If available to the parties, the parties are required to
file electronically a request to the Courtroom Deputy Clerk,
Stephanie Deutsch, by October 24, 2016, if they wish to
reserve and arrange for orientation on the Court's mobile
audio/visual equipment for presentation of evidence.
ii. Any evidentiary or procedural motions ("motions in
limine") shall be filed by October 24, 2016.
b. The
following deadlines, previously set for July 18, 2016, are
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