Free Order on Motion to Continue - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 16 17 18 19 20 21 22 The court has before it "Plaintiff's Motion to Continue August 26, 2008 Trial" (doc. 23 225). The motion reflects a complete disregard of LRCiv 83.3(b)(3) and the sanctity of the 24 firm trial date in this case. 25 Once a case has been set for a firm trial date, no lawyer shall be permitted to withdraw 26 unless substituted counsel is prepared for trial. In this case, we allowed David A. Welling 27 to withdraw for the reason that he was not trial counsel for plaintiff in any event. His notice 28
Case 2:04-cv-00078-FJM Document 228 Filed 08/05/2008 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Timothy A. Shimko, Sr. Plaintiff, vs. David Goldfarb, Rhona Goldfarb, Richard Ross, Marcia Ross, Milton Guenther and Kathi Guenther,

Timothy A. Shimko, Sr., Plaintiff, vs. Paul Woodcock and Bobbi Woodcock, Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CV-04-78-PHX-FJM CV-05-1387-PHX-FJM [Consolidated]

ORDER

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so stated and Mr. Shimko did not oppose the motion. We thus granted it (doc. 224). Mr. Shimko throughout this entire proceeding has always represented himself. It is disingenuous at this point to suggest that Mr. Welling was going to represent Mr. Shimko. Moreover, as indicated in the prior orders of this court, the trial in this case is locked in concrete. This case has dragged on far too long. It has consumed more time and resources than it is worth. No good cause having been shown to upset a firm trial date in this case, IT IS ORDERED DENYING "Plaintiff's Motion to Continue August 26, 2008 Trial" (doc. 225). DATED this 5th day of August, 2008.

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