Viola Coppola, et al v. Gregory Smith, et al
ORDER Setting Briefing Schedule, signed by District Judge Anthony W. Ishii on 1/18/2017. (Kusamura, W)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GARY COPPOLA, et al.,
CASE NO. 1:11-CV-1257 AWI BAM
ORDER SETTING BRIEFING
GREGORY SMITH, et al.,
AND RELATED CLAIMS
On January 13, 2017, the Court issued a pre-trial order. See Doc. No. 452. The pre-trial
order clarified that a jury would be used for the various state law negligence, nuisance, indemnity,
contract, and trespass claims. See id. at § II. In response to representations made in the pre-trial
statement, the pre-trial order required the parties to brief the issue of whether a jury trial was
available as a matter of right for the remaining claims, whether the parties would consent to a jury
trial on all claims and issues pursuant to Federal Rule 39(c)(2), whether an advisory jury should be
utilized under Federal Rule 39(c)(1), or whether the remaining claims should be tried strictly
before the bench. See id. The Court also required the parties to include in their briefing their
positions and suggestions on possible bifurcation/separate trial of claims. See id.; see also id. at §
Although not included in the pre-trial order, during the January 12, 2017 pre-trial
conference, the Court understood that the parties would meet and confer in order to set a briefing
schedule for the above issues. As of the date and time of service of this order, no schedule has
been communicated to the Court. In fact, the Court has received a request from Plaintiffs’ counsel
to set a schedule.
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.
Accordingly, IT IS HEREBY ORDERED that:
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
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.
IT IS SO ORDERED.
Dated: January 18, 2017
SENIOR DISTRICT JUDGE
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