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Knopick v. Downey

United States District Court, Third Circuit

January 23, 2014

NICHOLAS KNOPICK, Plaintiff
v.
PHILIP A. DOWNEY, Defendant.

MEMORANDUM

SYLVIA H. RAMBO, District Judge.

Presently before the court is Plaintiff's Motion to Continue Trial, Pretrial Conference, and Extend Deadlines. (Doc. 136.) The motion, filed on January 20, 2014, requests that the court amend the balance of the pretrial deadlines, including the date set for jury selection, due to Plaintiff's and/or Counsel's unavailability. ( Id. ) For the following reasons, Plaintiff's motion will be denied.

I. Background

The court has little doubt the parties are familiar with the facts and procedural history of this case and finds no reason to repeat it here. The deadlines Plaintiff seeks to amend were established in a case management order dated June 11, 2013. (Doc. 93.) The order imposed the following deadlines:

(Doc. 93.) This was far from the first order granting the parties' requests by amending pretrial deadlines and the date set for trial. ( See, e.g., Docs. 61, 70, 76 & 90.)

Plaintiff's instant motion offers the following justifications in support of his request to again delay disposition of this action:

2. Plaintiff and Plaintiff's counsel are scheduled to begin trial in the case of Knopick v. Breedlove et al., W.D. Ark. 11-3010, in Arkansas on April 28, 2014.
3. Undersigned counsel believes that the trial in Arkansas will last two weeks, creating a conflict with trial in this case.
4. Undersigned counsel is also scheduled for trial in the case of Villard v. [ T ] he Fairville Co. et al, XXXX-XXXX, in the Delaware County Court of Common Pleas for the May trial term. The Delaware County Court Calendar does not provide a date certain. Undersigned counsel will file a motion to continue that trial as well.
* * *
7. Undersigned counsel has trial scheduled in the case of Zimmerman v. Norfolk Southern, E.D. Pa. 10-2267, in the Eastern District of Pennsylvania scheduled to begin before the Honorable Judge Gardner on March 31, 2014.
8. Undersigned counsel believes that the Zimmerman trial will last three weeks, creating a conflict with the pretrial conference.
9. The April 10th deadline to file pretrial memoranda, proposed voire [sic] dire, and proposed jury instructions also ...

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