Davall v. Cordero
- Proceeding
- district
- Area
- civil
- Panel
- Karen S. Crawford (author)
Analysis
Defendants filed an ex parte application to vacate all trial-related dates because the court had not yet ruled on cross-motions for summary judgment, which could narrow or eliminate the claims. The court granted the application, vacating the specified pretrial deadlines and directing counsel to contact chambers after the summary judgment ruling to reset the schedule.
| What the court decided | The model |
|---|---|
Defendants' Ex Parte Application to Vacate All Trial Related Dates is granted.“For the foregoing reasons, defendants’ Ex Parte Application to Vacate All Trial Related Dates is GRANTED.” | agree with court The court correctly applied its inherent authority to manage its docket and promote judicial economy. The reasoning that pending summary judgment motions could render pretrial preparation unnecessary is a valid basis for a continuance, and the court explicitly found no prejudice to the parties. |
The order itself: sound — The order is procedurally sound. It correctly identifies the legal standard for modifying a scheduling order (judicial economy and lack of prejudice) and applies it to the specific facts (pending summary judgment motions). The citations are appropriate for the District of California context.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 JOSEPH DAVALL, CDCR #AW-8294, Case No.: 20-cv-1968-JLS-KSC 12 Plaintiff, ORDER GRANTING EX PARTE 13 v. APPLICATION TO VACATE ALL TRIAL RELATED DATES 14 A. CORDERO; D. WHITE; WHITMAN, 15 Defendants. [Doc. No. 77] 16 17 Before the Court is defendants’ Ex Parte Application to Vacate All Trial Related 18 Dates (the “Application”). Doc. No. 77. As defendants explain, the Court has not yet ruled 19 upon the parties’ cross-motions for summary judgment. Id. at 1. Defendants anticipate that 20 the disposition of those motions may narrow or eliminate the parties’ claims and defenses. 21 See id. 22 It is an appropriate exercise of this Court’s discretion to grant a stay or continuance 23 “when it serves the interests of judicial economy and efficiency.” Rivers v. Walt Disney 24 Co., 980 F. Supp. 1358, 1360 (C.D. Cal. 1997); see also Single Chip Sys. Corp. v. Intermec 25 IP Corp., 495 F. Supp. 2d 1052, 1057 (S.D. Cal. 2007) (noting Court’s authority to control 26 its docket for the “economy of time and effort for itself, for counsel, and for litigants”) 27 (citation omitted). The Court agrees with defendants that vacating trial related deadlines 28 will save the parties and the Court time and resources, see Doc. No. 77 at 2, and finds that 1 || defendants have thereby established good cause to modify the pretrial schedule. The Court 2 || further finds that no party will be unfairly prejudiced by this continuance. See Single Chip 3 || Systems, 495 F. Supp. 2d at 1057 (noting that the Court should consider prejudice to any 4 || party when determining whether to stay proceedings). 5 ORDER 6 For the foregoing reasons, defendants’ Ex Parte Application to Vacate All Trial 7 ||Related Dates is GRANTED. The following deadlines set forth in the Court’s June 24, 8 Scheduling Order [Doc. No. 39] are VACATED: ? June 9, 2022: Deadline to file Memoranda of Contentions of Fact and Law; 10 June 16, 2022: Deadline to comply with pretrial disclosure requirements Il under Fed. R. Civ. P. 26(a)(3); 12 June 23, 2022: Deadline to meet and take the action required under Local 3 Rule 16.1(£)(4); 14 June 30, 2022: Deadline for plaintiff to provide a proposed pretrial order to 5 defendants; 16 July 7, 2022: Deadline to lodge the proposed pretrial order, including any V7 objections thereto; 18 19 July 14, 2022: Final Pretrial Conference.
20 Counsel for defendants shall contact the undersigned’s chambers within three (3) 21 || business days of a ruling on the pending Motions for Summary Judgment, at which time 22 foregoing pretrial deadlines will be reset if necessary. 23 IS SO ORDERED. 24 ||Dated: June 3, 2022 te WY Fi? 25 WU VSS % Hori. Karen S. Crawford United States Magistrate Judge 27 28
Cites, in this corpus
- Single Chip Systems Corp. v. Intermec IP Corp. 04CV1517JAHCAB, 07CV0256JAHCAB · 2007-05-21