Opinion
Case No.: 10-CV-00602-LHK
10-27-2011
BERRY LYNN ADAMS, Plaintiff, v. DANIEL L. KRAFT, a State of California Park Ranger, et al., Defendants.
ORDER RESETTING PRETRIAL CONFERENCE AND TRIAL DATE
(re: dkt #162)
On October 26, 2011, the Court granted Plaintiff a one-day extension to file his motions in limine, pursuant to Plaintiff's request for an extension due to a family medical emergency. In that Order, the Court noted that it would not reschedule the pretrial conference set for November 7, 2011, or the trial set to begin on November 14, 2011. The next day, however, Plaintiff filed a Request for an Order Postponing the Trial Date, supported by a declaration by Plaintiff's counsel providing greater detail about her family medical circumstances. Furthermore, the declaration states that opposing counsel is sympathetic to Plaintiff's counsel's situation and does not oppose this request for postponement.
Although the Court is extremely reluctant to postpone resolution of this case, the Court recognizes the exceptional nature of Plaintiff's request and will therefore continue the pretrial conference from November 7, 2011, to December 20, 2011, at 2:00 p.m., and continue the trial start date from November 14, 2011, to January 3, 2012, at 9:00 a.m. The matter is now set for trial on January 3, 2012, from 9:00 a.m. to 4:30 p.m.; January 6, 2012, from 9:00 a.m. to 4:30 p.m.; January 9, 2012, from 9:00 a.m. to 4:30 p.m.; and January 10, 2012, from 9:00 a.m. to 4:30 p.m.
The parties shall comply with the Court's Standing Order governing Final Pretrial Conferences in Jury Trials and file their joint pretrial statement no later than 14 days before the pretrial conference. Likewise, Plaintiff shall file his motions in limine no later than 14 days before the pretrial conference. Defendants have already timely filed their motions in limine based on the November 7, 2011 pretrial conference date. For both parties, responses to motions in limine will be due no later than 10 days before the final pretrial conference.
Although the Court is sympathetic to Plaintiff's counsel's family situation, the Court will not grant any further requests for extension. Should Plaintiff's counsel find herself unable to comply with this Order, she shall timely file a motion to substitute counsel so that the case proceeds in accordance with the schedule set forth herein.
IT IS SO ORDERED.
LUCY H. KOH
United States District Judge