Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The pretrial documents were due on August 31, 2007. Despite this Court having denied the request for extension of time, the parties did not file anything by that due date. Because of how recently Plaintiff's counsel was permitted to withdraw, the Court will not set a show cause hearing for failing to comply with a Court order. However, both parties are cautioned that failure to comply with orders in the future will result in sanctions.
Case 2:04-cv-00446-JAT Document 251 Filed 09/05/2007 Page 1 of 2
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Albert DeLeon, Plaintiff(s), v. Dora Schriro, et al, Defendant(s).

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CV-04-446-PHX-JAT

ORDER

On August 29, 2007, the Court permitted counsel for Plaintiff to withdraw. Thus, Plaintiff is now proceeding pro se. Defendant is currently seeking alternative counsel due to counsel within the Attorney General's office having been appointed to the Superior Court bench. Due to these considerations, the Court will grant a brief extension of the existing pretrial deadlines.1 In granting this extension, the Court notes this case was filed March 3, 2004 and is already over three years old. While both parties present an immediate need for a continuance, neither party has presented sufficient justification for why a case of this age cannot proceed to trial in the near future. Therefore, IT IS ORDERED that the final pretrial conference is continued to December 3, 2007 at 11:00 a.m.

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IT IS FURTHER ORDERED setting trial in this case to begin on December 11, 2007 at 9:00 a.m. IT IS FURTHER ORDERED that the due date for filing motions in limine is continued to November 1, 2007. IT IS FURTHER ORDERED that responses to motions in limine are due by November 15, 2007. IT IS FURTHER ORDERED that the due date for all final pretrial filings required by this Court's order of August 1, 2007 (Doc. #245) (except motions in limine) is November 16, 2007. IT IS FURTHER ORDERED that because Plaintiff is now pro se, the Clerk of the Court shall forward a copy of the Order at Doc. #245 to Plaintiff. IT IS FURTHER ORDERED that due to the age of this case, even if Plaintiff's criminal case currently set for October 9, 2007 is continued and even if the Attorney General's office does not cure its staffing concerns, the parties should not anticipate any further continuances. IT IS FURTHER ORDERED that if Plaintiff expects to have the Marshals serve his subpoenas for trial, Plaintiff shall forward completed subpoenas to the Clerk of the Court by October 26, 2007. IT IS FURTHER ORDERED that for purposes of the Final Pretrial Conference (but not trial), defense counsel shall arrange for Plaintiff to appear telephonically at the conference by calling into the Court at 602-322-7560 at the time set for the conference.2 DATED this 5th day of September, 2007.

Plaintiff failed to call in to the last hearing. Plaintiff is advised that appearing at all future hearings, now that he does not have counsel, is mandatory.
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Case 2:04-cv-00446-JAT

Document 251

Filed 09/05/2007

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