Viola Coppola, et al v. Gregory Smith, et al

Filing 455

ORDER Setting Briefing Schedule, signed by District Judge Anthony W. Ishii on 1/18/2017. (Kusamura, W)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 GARY COPPOLA, et al., 9 CASE NO. 1:11-CV-1257 AWI BAM Plaintiffs ORDER SETTING BRIEFING SCHEDULE 10 v. 11 GREGORY SMITH, et al., 12 Defendants 13 14 15 _____________________________________ AND RELATED CLAIMS 16 17 On January 13, 2017, the Court issued a pre-trial order. See Doc. No. 452. The pre-trial 18 order clarified that a jury would be used for the various state law negligence, nuisance, indemnity, 19 contract, and trespass claims. See id. at § II. In response to representations made in the pre-trial 20 statement, the pre-trial order required the parties to brief the issue of whether a jury trial was 21 available as a matter of right for the remaining claims, whether the parties would consent to a jury 22 trial on all claims and issues pursuant to Federal Rule 39(c)(2), whether an advisory jury should be 23 utilized under Federal Rule 39(c)(1), or whether the remaining claims should be tried strictly 24 before the bench. See id. The Court also required the parties to include in their briefing their 25 positions and suggestions on possible bifurcation/separate trial of claims. See id.; see also id. at § 26 XV. 27 Although not included in the pre-trial order, during the January 12, 2017 pre-trial 28 conference, the Court understood that the parties would meet and confer in order to set a briefing 1 schedule for the above issues. As of the date and time of service of this order, no schedule has 2 been communicated to the Court. In fact, the Court has received a request from Plaintiffs’ counsel 3 to set a schedule. 4 5 Given the passage of time and the request from Plaintiffs’ counsel, the Court will set a briefing schedule in order to resolve the jury/non-jury and bifurcation issues. 6 7 8 Accordingly, IT IS HEREBY ORDERED that: 1. 9 10 2017; 2. 11 12 13 All parties will file the above described briefing no later than 2:00 p.m. on January 27, All parties shall file responses to the briefs of the other parties no later than 2:00 p.m. on February 3, 2017; and 3. Once the Court has received all the briefing, the Court will either issue a written order that decides the issues or set a hearing date. 14 15 16 IT IS SO ORDERED. Dated: January 18, 2017 SENIOR DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?