Kozak et al v. Chabad-Lubavitch Inc. et al

Filing 109

ORDER CONTINUING TRIAL signed by Chief Judge Morrison C. England, Jr. on 10/9/2014. The Jury Trial is VACATED and CONTINUED to 1/20/2015 at 9:00 AM in Courtroom 7 (MCE). Trial Briefs shall be filed no later than 11/20/2014. Final Pretrial Conference is RE-SET for 12/4/2014 at 2:00 PM in Courtroom 7 (MCE). The Joint Final Pretrial Statement due no later than 11/13/2014. Any Evidentiary or Procedural Motions to be filed by 11/13/2014; Oppositions due by 11/2014; and any Replies shall be submitted by 11/26/2014. (Marciel, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARIA KOZAK, ET AL.,

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Plaintiffs,

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No. 2:10-cv-01056-MCE-EFB

v.

ORDER CONTINUING TRIAL

CHABAD-LUBAVITCH INC., ET AL.,

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Defendants.

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YOU ARE HEREBY NOTIFIED the jury trial is vacated and continued to

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January 20, 2015, at 9:00 a.m. in Courtroom 7. The parties shall file trial briefs not later

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than November 20, 2014. Counsel are directed to Local Rule 285 regarding the content

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of trial briefs.
Accordingly, the November 13, 2014 Final Pretrial Conference is vacated and

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continued to December 4, 2014, at 2:00 p.m. in Courtroom 7. The Joint Final Pretrial

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Statement is due not later than November 13, 2014 and shall comply with the

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procedures outlined in the Court’s Pretrial Scheduling Order. The personal appearances

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of the trial attorneys or person(s) in pro se is mandatory for the Final Pretrial Conference.

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Telephonic appearances for this hearing are not permitted.

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Any evidentiary or procedural motions are to be filed by November 13, 2014.

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Oppositions must be filed by November 20, 2014 and any reply must be filed by

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November 26, 2014. The motions will be heard by the Court at the same time as the

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Final Pretrial Conference.

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Due to the Court’s high civil caseload, the parties are encouraged to consider

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consenting to a jury or nonjury trial before the assigned Magistrate Judge1 as well as

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availing themselves of the Court’s Alternative Dispute Resolution programs.2 See E.D.

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Cal. Local Rs. 171, 301.

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IT IS SO ORDERED.
DATED: October 9, 2014

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__________
__________
___________
__________
____
MORRISON C. ENGL
N
LAND, JR, C
CHIEF JUDG
GE
UNITED ST
TATES DIS
STRICT COU
URT

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The Eastern District of California has for years been one of the busiest District Courts in the
nation. The parties are reminded that pursuant to Federal Rule of Civil Procedure 73 and Local Rule 301,
the parties may consent to a jury or nonjury trial before the assigned Magistrate Judge. As a result of the
Court’s high civil case load and the statutory right to a speedy trial in criminal cases, the parties are
encouraged to consider the advantages of consenting to Magistrate Judge jurisdiction. Magistrate Judges
can assign civil litigants a trial date much sooner and with more certainty than District Court Judges. In
addition, since Magistrate Judges do not try felony cases, a trial date assigned by one can be considered
a firm date which will not be preempted by a criminal case. Exercise of this jurisdiction by a Magistrate
Judge is however, permitted only if all parties file a voluntarily consent form. Parties may, without adverse
substantive consequences, withhold their consent, but this will prevent the Court's case dispositive
jurisdiction from being exercised by a Magistrate Judge.
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The Court may, at the election of all the parties, refer certain actions to the Voluntary Dispute
Resolution Program ("VDRP"). If the parties believe that participation in a mediation and/or a settlement
conference with a Magistrate Judge would be beneficial, they are encouraged to contact the Court's
Alternative Dispute Resolution (ADR) Division, in writing, at the address or email address below: ADR
Division, Attention: Sujean Park, U.S. District Court, 501 I Street, Suite 4-200, Sacramento, CA 95814,
email: [e-mail]. Alternatively, the parties may request referral to the VDRP by filing a
Stipulation and Proposed Order reflecting the agreement of all parties to submit the action to the VDRP
pursuant to Local Rule 271. Should the parties reach a settlement or otherwise resolve their case by
agreement of the parties, they are reminded that it is the duty of counsel to immediately file a notice of
settlement or resolution as set forth in Local Rule 160.

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