Newport et al v. Burger King Corporation

Filing 301

ORDER ON MOTION TO CONTINUE TRIAL AND VACATING HEARNIG by Hon. William Alsup granting #206 Motion to Continue.(whalc2, COURT STAFF) (Filed on 11/12/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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Plaintiffs/Counter-Defendants,
ORDER ON MOTION TO
CONTINUE TRIAL AND
VACATING HEARING

v.
BURGER KING CORPORATION,

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Defendant/Counter-Claimant.
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No. C 10-04511 WHA

ROY D. NEWPORT, et al.,

Defendant Burger King Corporation moves for a two week continuance of the January 9,

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2012, trial of this action, in order to allow lead Attorney Michael Joblove to attend the wedding

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events associated with his daughter’s wedding to be held in Florida on January 15. The Newport

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plaintiffs oppose, expressing a concern that a short postponement of the trial could result in a

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longer delay, leading to further complications, such as difficulty in securing availability of

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witnesses.

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In order to allow Attorney Joblove to attend the wedding of his daughter in Florida on

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Sunday, January 15, the Court will at least rearrange the trial schedule so that on January 9, the

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jury is selected and sent home to return on Tuesday, January 17, for opening statements and the

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first day of trial. Possibly, the Court will adjust this even more, but for the time being, this is the

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most relief that seems warranted under the circumstances.

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Counsel should be aware that the Court must give priority to criminal cases and there is a
high likelihood that the month of January will be consumed by criminal trials and by other civil

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cases already awaiting trial with higher priority for a courtroom than the instant case.

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Nonetheless, the Court will try hard to get the instant case to trial in January.

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The motion to continue the trial is, to the extent stated above, GRANTED. The motion
hearing set for 8 a.m. on November 17, 2011, is VACATED.

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IT IS SO ORDERED.

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Dated: November 12, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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