Ramirez v. Dairy Farmers of America, Inc.
Filing
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ORDER DENYING REQUEST FOR TRIAL CONTINUANCE signed by District Judge Lawrence J. O'Neill on June 13, 2011. (Lira, I)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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HENRY RAMIREZ, JR.
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CASE NO. CV F 10-1596 LJO DLB
Plaintiff,
ORDER DENYING REQUEST FOR
TRIAL CONTINUANCE
vs.
DAIRY FARMERS OF AMERICA, INC.
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Defendant.
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On June 13, 2011, the parties filed their second stipulation to continue dates in this case. The
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parties propose to continue discovery deadlines, motion filing deadlines, the pretrial conference and the
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trial date. (Doc. 16.) The parties argue that good cause exists for the continuance because (1) they are
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scheduling a mediation in July 2011, (2) they seek to conserve resources while they pursue settlement,
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(3) the three-week trial is scheduled for Thanksgiving time which will complicate witness scheduling,
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and (4) two of plaintiff’s witnesses have preplanned/prepaid vacations during the currently scheduled
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trial date.
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The Court DENIES the request for continuance. The parties previously sought and obtained a
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continuance of pretrial discovery in this case to accommodate settlement discussions. Settlement
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attempts do not provide good cause. The Court does not find that the other reasons state good cause.
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The trial date was selected and scheduled with input from counsel. Therefore, there is no surprise or
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unforeseen circumstances arising from the trial date which was picked with the agreement of counsel.
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Finally, witnesses who have prepaid vacations may give rise to good cause, but given that this trial will
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last for three weeks, the Court is confident the parties could accommodate the witnesses’ vacation
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schedules.
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IT IS SO ORDERED.
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Dated:
b9ed48
June 13, 2011
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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