JBS Carriers, Inc. v. EJA Trucking, Inc. et al

Filing 146

ORDER granting 143 MOTION to Continue Trial Date filed by Orenthio Thompson, JBS Carriers, Inc. Jury Trial reset for 8/29/2016 09:00 AM in East St. Louis Courthouse before Judge David R. Herndon. Signed by Judge David R. Herndon on 4/7/16. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

EDIN KARAHODZIC and
EDIN KARAHODZIC, as
Personal representative of the
Estate of HASIB KARAHODZIC
Plaintiffs,
vs.
JBS CARRIERS INC. and ORENTIO
THOMPSON,

Case No. 12-cv-1040-DRH

Defendants.
ORDER
HERNDON, District Judge:
Pending before the Court is defendants’ motion to continue trial setting of
May 9, 2016 (Doc. 143). Defendants indicate a need for additional time before
trial due to recently discovered health concerns of defendants’ retained expert,
Dennis Wylie. The condition makes Wylie unavailable to attend and testify on the
currently scheduled trial date. Plaintiffs oppose the continuance on various
grounds (Doc. 144.) However, the Court will not entertain reargument on the
merits of plaintiffs’ motion seeking to exclude Wylie’s testimony. Furthermore,
defendant’s characterization in this motion regarding what Wylie will testify to
does not trump the Court's ruling on the matter.
The issue at hand is whether the defendants should be forced to forego a
witness, whom they consider critical to their case, due to an unforeseen medical
procedure completely out of their control and that of the witness. To do so would

be fundamentally unfair, and the Court will not require the defendants to do
without the expert at trial. Therefore, defendant’s motion to continue trial setting
of May 9, 2016 (Doc. 143) is GRANTED. The Court CONTINUES the jury trial
scheduled for May 9, 2016, to Monday, August 29, 2016, at 9:00 a.m.
IT IS SO ORDERED.
Signed this 7th day of April, 2016.

Digitally signed
by Judge David
R. Herndon
Date: 2016.04.07
13:09:49 -05'00'
United States District Judge