Ito et al v. Brighton/Shaw, Inc. et al

Filing 273

ORDER Modifying Pretrial Order: Motions in Limine Hearing; 5/11/09, 1:30 p.m. Courtroom 2. Trial Date; 6/2/09, 8:30 a.m. Courtroom 2. signed by Chief Judge Anthony W. Ishii on 4/7/09. (Gil-Garcia, A)

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 RULES OF CONDUCT 18 19 The January 16, 2009 Pre-Trial Order states that this action is proceeding to trial between 20 Cross-Complainant Robert Carson ("Carson") and Cross-Defendant Craig Davis ("Davis") on 21 the following issues: (1) Carson's cross-claim for attorney malpractice against Davis; (2) 22 Carson's cross-claim for breach of contract against Davis; (3) Davis's cross-claim for fraud 23 against Carson; (4) Davis's cross-claim for breach of implied covenant of good faith and fair 24 dealing; and (5) Davis's cross-claim for declaratory relief. Davis's breach of implied covenant of 25 good faith and fair dealing claim, however, is only alleged as to cross-defendant Brighton Hills 26 Limited Partnership and not Carson. See Davis's Cross-Complaint at page 4. Accordingly, 27 Davis's breach of implied covenant of good faith and fair dealing claim will not be a part of this 28 ) ) Plaintiffs, ) v. ) ) BRIGHTON/SHAW, INC., et al., ) ) Defendants. ) ____________________________________) and related cross-claims. NAOKO ITO et al., NO. 1:06-CV-01135 AWI-DLB ORDER MODIFYING PRETRIAL ORDER Motions In Limine Hearing Date: May 11, 2009 Time: 1:30 p.m. Venue: Courtroom 2 Trial Date: June 2, 2009 Time: 8:30 a.m. Venue: Courtroom 2

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trial. Additionally, in light of paragraph VIII of the Pre-Trial Order, Davis's claim for declaratory relief has been abandoned as to all Defendants, including Carson. The Pre-Trial Order is modified as follows: This action is proceeding to trial between Carson and Davis on the following issues: (1) Carson's cross-claim for attorney malpractice against Davis; (2) Carson's cross-claim for breach of contract against Davis; and (3) Davis's crossclaim for fraud against Carson.

IT IS SO ORDERED. Dated: 0m8i78 April 7, 2009 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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