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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY COPPOLA, et al.,

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CASE NO. 1:11-CV-1257 AWI BAM

Plaintiffs
ORDER SETTING BRIEFING
SCHEDULE

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v.

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GREGORY SMITH, et al.,

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Defendants

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_____________________________________
AND RELATED CLAIMS

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On January 13, 2017, the Court issued a pre-trial order. See Doc. No. 452. The pre-trial

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order clarified that a jury would be used for the various state law negligence, nuisance, indemnity,

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contract, and trespass claims. See id. at § II. In response to representations made in the pre-trial

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statement, the pre-trial order required the parties to brief the issue of whether a jury trial was

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available as a matter of right for the remaining claims, whether the parties would consent to a jury

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trial on all claims and issues pursuant to Federal Rule 39(c)(2), whether an advisory jury should be

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utilized under Federal Rule 39(c)(1), or whether the remaining claims should be tried strictly

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before the bench. See id. The Court also required the parties to include in their briefing their

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positions and suggestions on possible bifurcation/separate trial of claims. See id.; see also id. at §

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XV.

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Although not included in the pre-trial order, during the January 12, 2017 pre-trial

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conference, the Court understood that the parties would meet and confer in order to set a briefing

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schedule for the above issues. As of the date and time of service of this order, no schedule has

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been communicated to the Court. In fact, the Court has received a request from Plaintiffs’ counsel

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to set a schedule.

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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.

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Accordingly, IT IS HEREBY ORDERED that:
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2017;
2.

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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

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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.

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IT IS SO ORDERED.
Dated: January 18, 2017
SENIOR DISTRICT JUDGE

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