Erhart v. Bofi Holding Inc.

Filing 250

Order Conditionally Granting BOFI Holding, Inc.'s Unopposed Ex Parte Application to Seal and Continue (ECF No. #249 ). Provided the parties file this joint status report no later than 1/28/22, trial will be continued from 2/1/22 to 4/26/22 at 9:00 AM. Signed by Judge Cynthia Bashant on 1/20/22. (time re: trial per Chambers) (jmo)

Case 3:15-cv-02287-BAS-NLS Document 250 Filed 01/20/22 PageID.9861 Page 1 of 3

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CHARLES MATTHEW ERHART,
Plaintiff,

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ORDER CONDITIONALLY
GRANTING BOFI HOLDING,
INC.’S UNOPPOSED EX PARTE
APPLICATION TO SEAL AND
CONTINUE (ECF No. 249)

v.
BOFI HOLDING, INC.,

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Case No. 15-cv-02287-BAS-NLS
consolidated with
15-cv-02353-BAS-NLS

Defendant.
And Consolidated Case

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After repeated delays in light of the COVID-19 pandemic, trial is set for

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February 1, 2022. Previously, the Court denied a request to continue trial and

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emphasized that this 2015 case needs to be resolved expeditiously. (ECF Nos. 243,

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247.) Now before the Court is BofI Holding, Inc’s Unopposed Ex Parte Application

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to Seal and Continue based on extenuating circumstances—a medical emergency.

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(ECF No. 249.) The Application raises several issues.

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Request to Seal.

BofI seeks to seal the Application and its supporting

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declaration because they reveal private medical information. The “good cause”

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standard applies to this request because the information lodged under seal is not

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related to the merits or parties of the case. See Ctr. for Auto Safety v. Chrysler Grp.,
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15cv2287

Case 3:15-cv-02287-BAS-NLS Document 250 Filed 01/20/22 PageID.9862 Page 2 of 3

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LLC, 809 F.3d 1092, 1096 (9th Cir. 2016). The Court finds this standard is met and

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seals the Application.

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Request to Continue. The Court is reluctant to delay the trial. It is already in

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the process of screening potential jurors and preparing for trial. However, BofI

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supports its Application with extenuating circumstances that only came to light a few

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days ago. Proceeding with trial as scheduled would likely prejudice the Bank. And

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this prejudice was not self-inflicted. (See ECF No. 249.)

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On balance, the Court finds there is good cause to continue the trial; provided,

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however, that the parties are able to progress on outstanding trial items. Therefore,

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the Court conditionally grants the request to continue.

The continuance is

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conditioned upon the parties jointly providing dates for interim status conferences to

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discuss a proposed verdict form, jury instructions, and objections to deposition

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designations. Further, at least one attorney per side with authority to argue on the

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client’s behalf must appear in person at these status conferences. And the Court

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admonishes the parties that it will apply an even more exacting standard to any future

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requests to continue.

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Trial Time. The Application highlights that the Court’s minute order set the

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time limit for trial at 15 hours per side, for a total of 30 hours. Given the anticipated

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length of trial—3 weeks—the Court intended to give each party 30 hours per side,

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for a total of 60 hours. The Court amends its minute entry accordingly.

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***

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Accordingly, the Court CONDITIONALLY GRANTS BofI’s Unopposed

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Ex Parte Application to Seal and Continue. (ECF No. 249.) The Court grants BofI’s

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request to seal. The Clerk shall file under seal the unredacted versions of BofI’s

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Application and supporting declaration. No copies are necessary.

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The Court conditionally continues trial from February 1, 2022, to April 26,

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2022. The Court has a criminal trial set that may overlap with this date. Therefore,

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the parties should be prepared to start trial on or a few days after April 26, 2022.
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15cv2287

Case 3:15-cv-02287-BAS-NLS Document 250 Filed 01/20/22 PageID.9863 Page 3 of 3

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Further, the Court orders the parties to meet and confer about scheduling three status

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conferences. First, the Court will hold a status conference to discuss the proposed

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verdict form. 1 Second, the Court will hold a status conference to discuss jury

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instructions. Third, the Court will hold a status conference to discuss objections to

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deposition designations. The parties shall file a joint status report that suggests

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possible dates and times for these conferences between now and trial, with one

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conference per month in February, March, and April. Provided the parties file this

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joint status report no later than January 28, 2022, trial will be continued from

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February 1, 2022, to April 26, 2022.

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Finally, the Court clarifies that the anticipated time limit for trial is 30 hours
per side, for a total of 60 hours.
IT IS SO ORDERED.

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DATED: January 20, 2022

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As previously ordered, the proposed verdict form is due by 8:30 a.m. on February 1, 2022.
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15cv2287