DeMartini, et al. v. DeMartini, et al.

Filing 288

COURT'S RESPONSE signed by District Judge John A. Mendez on 2/28/2018 to Defendants' 287 Objections or Response to Pretrial Conference Order. Jury Trial will COMMENCE on 4/16/2018, at 09:00 AM, in Courtroom 6 (JAM), before District Judge John A. Mendez. The estimate of trial time will not be modified. (York, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY P. DEMARTINI, et al.,

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Plaintiffs,

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v.
MICHAEL J. DEMARTINI, et al.,

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Defendants.

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Case No. 2:14-cv-02722 JAM-CKD
COURT’S RESPONSE TO DEFENDANTS’
OBJECTIONS OR RESPONSE TO
PRETRIAL CONFERENCE ORDER

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The Court has reviewed, read and considered “Defendants’

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Objection or Response to Pretrial Conference Order” (ECF No. 287).

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The Court responds as follows:
1.

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Defendants’ request for a stay was denied by the Court at

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the February 16, 2018 Pretrial Conference (See Transcript of

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Pretrial Conference at pp. 10-12, ECF No. 286).

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be issuing a further written Order on Defendants’ motion/request

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for a stay.

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the record at the Pretrial Conference and reflected in the February

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16, 2018 Minute Order (ECF No. 283).

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///

The court will not

The Court’s reasons for its decision were stated on

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Any issues regarding the evidence to be admitted at trial

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will be determined by the Court following receipt of the parties’

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motions in limine, including Defendants’ evidence regarding the

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partnership.

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3.

Defendants’ renewed objection to the Court’s decision on

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the issue of whether they are entitled to a jury trial on the

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partition claim is overruled.

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4.

Defendants’ objection to this Courts’ jurisdiction is

overruled.
5.

Defendants’ claims regarding “the stipulation and

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partnership damages” (ECF No. 287 at pp. 5-7) may not have been

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abandoned but they are not part of the claims to be heard in this

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trial.

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claim and breach of contract claim.

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6.

The only two remaining claims are Plaintiffs’ partition

Defendants’ exhibits are identified by letters only.

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request to add numbers after the letter is denied.

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is a multi-page document, Defendants may identify an exhibit by

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letter and page number, e.g., “Exhibit A, page 12,” “Exhibit B,

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page 5,” etc.

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7.

The

If an exhibit

In response to Defendants’ alleged confusion regarding

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Plaintiffs’ statement in ECF No. 202-2, p. 14 (ECF No. 287 at p.

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8), this is obviously a typographical error and was treated as such

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by the Court in granting Plaintiffs’ Motion for Summary Judgment.

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8.

The estimate of trial time will not be modified.

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9.

As the Court has previously indicated, the fact that two

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Judges on the Ninth Circuit have discharged the order to show cause

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on Defendants’ appeal (ECF No. 242) of the motion to amend/motion

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to sever and remand (ECF No. 224) is no reason that the trial of
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Plaintiffs’ two remaining claims should not go forward.

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commence on April 16, 2018 at 9:00 a.m.

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IT IS SO ORDERED.
DATED: February 28, 2018.

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Trial will