Calvert v. Lybeck

Filing 1

ORDER the court directs the clerk to create a new civil action assigned to this court to correspond to the Lybeck matter (new case number C14-1095RAJ), and to make the new action a member case in this consolidated action. Jury trial set for 9/16/14; pretrial conf 9/4/14 at 2pm; motions in limine 8/20/14; jury instr, voir dire 9/3/14 by Judge Richard A Jones. (RS)cc Judge Overstreet(RS)

Download PDF
HONORABLE RICHARD A. JONES 1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 9 10 CONSOLIDATED ACTION IN RE MARK CALVERT, AS BANKRUPTCY TRUSTEE FOR THE MERIDIAN INVESTOR TRUST 11 ORDER (This Order pertains solely to Calvert v. Kooshian, No. 12-1594RAJ, as well as Calvert v. Lybeck, Adv. No. 12-1524, whose reference has not yet been withdrawn) 12 13 14 LEAD CASE NO. C12-1585RAJ This matter comes before the court on notice from the United States Bankruptcy 15 Court for the Western District of Washington that the defendants in two adversary 16 proceedings, Calvert v. Kooshian, Adv. No. 12-1472, and Calvert v. Lybeck, Adv. No. 17 12-1524 have demanded a jury trial. The Kooshian case is one of the member cases of 18 this consolidated action, and the court withdrew the reference of that matter in a March 5, 19 2013 order, while referring it to the Bankruptcy Court for all pretrial proceedings. Dkt. 20 # 19. No one in the Lybeck matter has asked that the court withdraw the reference, but 21 there can be no dispute that because the defendant has not consented to a jury trial in the 22 Bankruptcy Court, the trial must occur in the District Court. The court accordingly 23 withdraws the reference of the Lybeck matter on its own motion. 24 The court directs the clerk to create a new civil action assigned to this court to 25 correspond to the Lybeck matter, and to make the new action a member case in this 26 consolidated action. Counsel and pro se parties are responsible for adhering to this 27 court’s prior orders in this consolidated action. 28 ORDER – 1 1 The court also directs the clerk to place both actions on the court’s trial calendar, 2 with each case set for a jury trial on September 16, 2014. Both cases shall remain 3 referred to the Bankruptcy Court for all pretrial proceedings, except that this court will 4 resolve any motions in limine. In both cases, the parties shall continue to comply with 5 the Notice of Trial and Order Setting Deadlines that the Bankruptcy Court imposed, 6 except as this court orders otherwise. 7 The court sets a pretrial conference for both matters at 2:00 p.m. on September 4, 8 2014. The parties shall file any motions in limine, in accordance with Local Rules W.D. 9 Wash. LCR 7(d)(4), no later than August 20, 2014. Jury instructions in accordance with 10 LCR 51, proposed voir dire, an agreed neutral statement of the case, and deposition 11 designations are due no later than September 3, 2014. 12 Trial exhibits shall not be prepared in accordance with the Bankruptcy Court’s 13 order, and shall instead be delivered to this court’s Deputy Clerk, Victoria Ericksen, by 14 4:00 p.m. on September 10, 2014. Each party shall deliver two copies of their exhibits, 15 prepared as follows. Each exhibit shall be clearly marked. Exhibit tags are available in 16 the Clerk’s Office. The exhibits shall be numbered consecutively beginning with 1. 17 Defendant’s exhibits shall be numbered consecutively after Plaintiff’s exhibits using the 18 next number sequence not used by Plaintiff (e.g., if Plaintiff has marked 150 exhibits, 19 Defendant shall mark its exhibits beginning with 200). Duplicate documents shall not be 20 listed twice. Once a party has identified an exhibit in the pretrial order, any party may 21 use it. Each set of exhibits shall be submitted in a three-ring binder with appropriately 22 numbered tabs. 23 Dated this 18th day of July, 2014. A 24 25 26 The Honorable Richard A. Jones United States District Court Judge 27 28 ORDER – 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?