ATS Products, Inc. v. Ghiorso et al

Filing 177

ORDER by Magistrate Judge Bernard Zimmerman granting 125 Motion to Withdraw as Attorney and Continuing Trial. (bzsec, COURT STAFF) (Filed on 10/11/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ATS PRODUCTS INC.,

)
)
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Plaintiff(s),
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v.
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FRANK GHIORSO, THERMALGUARD )
TECHNOLOGY LLC, THERMALGUARD)
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LLC,
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Defendant(s).
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FRANK GHIORSO,
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Counter-Claimant, )
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v.
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ATS PRODUCTS, INC.; LAWRENCE)
E. SHEA, individually and in)
his capacity as Trustee of )
the 1992 SHEA FAMILY TRUST; )
SHEA TECHNOLOGY, LLC, and
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HELEN SHEA.
)
)
)

No. C10-4880 BZ

ORDER GRANTING MOTION TO
WITHDRAW AND CONTINUING
TRIAL

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IT IS HEREBY ORDERED as follows:

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1.

The motion of the law firm of Hopkins & Carley to

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withdraw as counsel of record for defendants Frank Ghiorso,

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Thermalguard Technology, LLC and Thermalguard, LLC and
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counterclaimant Frank Ghiorso (Docket No. 125) (collectively

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defendants) is GRANTED on the following terms and conditions:

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a.

The Order relieving counsel is effective October 17,

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2011, unless defendants earlier file a substitution of

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counsel.

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accept service on behalf of defendants.

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b.

Until they are relieved, counsel shall continue to

If new counsel does not appear by October 17, 2011,

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the Clerk will be instructed to enter the default of the

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Thermalguard defendants.

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Ghiorso should be prepared to

represent himself until such time as he finds counsel.
2.

The motion to continue the trial is GRANTED as

follows:
a.

Jury trial will commence November 28, 2011 at

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8:30 a.m., in Courtroom C, 15th Floor, Federal Building, 450

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Golden Gate Avenue, San Francisco, California 94102.

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b.

A further pretrial conference is scheduled for

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Tuesday, November 15, 2011, at 1:30 p.m., in Courtroom C, 15th

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Floor, Federal Building, 450 Golden Gate Avenue, San

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Francisco, California 94102.

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c.

The parties must complete the remaining expert

depositions by November 7, 2011.
d.

By November 21, 2011, the parties shall file one set

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of instructions to which they have jointly agreed and separate

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instructions on which they cannot agree.

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reminded that only instructions that are warranted by the

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evidence will be given to the jury.

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agree on instructions which correctly state the law.

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Objections to separate instructions shall be filed by November
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The parties are

Their present task is to

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30, 2011.

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e.

By November 1, 2011, the parties shall file a set of

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exhibits as to which they have resolved all objections such

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that they can be admitted into evidence.

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file any separate exhibits to which they cannot agree.

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Objections to those exhibits shall be filed by November 8,

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2011.

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conference.

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f.

Each party shall

All objections will be resolved at the pretrial

If the parties agree to instructions and exhibits

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which have already been filed, they need not re-file them if

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they clearly indicate which they are, unless they conclude

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that a new set would be more convenient for Court and counsel.

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Dated: October 11, 2011

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Bernard Zimmerman
United States Magistrate Judge

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G:\BZALL\-BZCASES\ATS V. GHIORSO\ORDER GRANTING MOTION TO WITHDRAW.wpd

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