Advanced Microtherm, Inc. v. Norman Wright Mechanical Equipment Corporation et al

Filing 968

ORDER ESTABLISHING SCOPE OF JUNE 1, 2009 HEARING. Signed by Judge James Ware on 5/18/2009. (ecg, COURT STAFF) (Filed on 5/18/2009)

1 2 3 4 5 6 7 8 9 10 Advanced Microtherm, Inc., et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 04-02266 JW ORDER ESTABLISHING SCOPE OF JUNE 1, 2009 HEARING

Norman Wright Mechanical Equipment Corp., et al., Defendants. /

United United States District Court

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For the Northern District of California

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Presently before the Court are (1) Magistrate Judge Trumbull's Report and Recommendation Regarding Case Schedule and Scope of Trial (Docket Item No. 935) and (2) Defendant Norman Wright's Objections to Judge Trumbull's Report and Recommendation (Docket Item No. 943). Plaintiffs have filed an Opposition to Defendant's Objections. (Docket Item No. 949.) Upon review of Judge Trumbull's recommendations and the parties' competing contentions in response to Judge Trumbull's recommendations, the Court is persuaded that oral argument on the issues raised by Judge Trumbull will facilitate the Court's ability to bring this case to trial. As a companion to its present Objections, Defendant Norman Wright has filed a Motion for Hearing to Confirm Parameters of Separate Rule 42(b) Trial. (Docket Item No. 938.) A hearing on this motion is set for June 1, 2009. In light of the relatedness of this motion to Defendant's Objections, the Court directs the parties to prepare to address all pending issues surrounding the scope of remaining discovery and trial at the June 1 hearing, including the issues raised by Judge Trumbull.

Dated: May 18, 2009

JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Bruce Harry Winkelman [e-mail] Cassiana Aaronson [e-mail] David B. Abramowitz [e-mail] Dennis P. Fitzsimons [e-mail] Flora F Vigo [e-mail] George Fred Salamy [e-mail] Janette George Leonidou [e-mail] Jeffrey Gordon Nevin [e-mail] Jill Battilega Rowe [e-mail] John Francis McLean [e-mail] John J. Bartko [e-mail] John Morwick Ross [e-mail] John T. Williams [e-mail] Joseph M. Alioto [e-mail] Joseph Michelangelo Alioto [e-mail] Julie Dawn Wood [e-mail] Kenneth Lawrence Mahaffey [e-mail] Lisa Dritsas Wright [e-mail] Maria Giardina [e-mail] Mark Ewell Ellis [e-mail] Matthew A. Fischer [e-mail] Maureen Ellen McTague [e-mail] Merrit Jones [e-mail] Michael David Abraham [e-mail] Michael Frederick Tubach [e-mail] Paul B. Lahaderne [e-mail] Peter Michael Hart [e-mail] Robert H. Bunzel [e-mail] Russell F. Brasso [e-mail] Stephen D. Kaus [e-mail] Steven Ellis Conigliaro [e-mail] Stuart E. Jones [e-mail] Theresa Driscoll Moore [e-mail] Thomas Charles Tagliarini [e-mail] Thomas H R Denver [e-mail] William Hugh McInerney [e-mail] Zane D. Negrych [e-mail]

United States District Court

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For the Northern District of California

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Dated: May 18, 2009

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy