Meyer et al v. Bayerische Motoren Werke AG et al

Filing 95

ORDER granting Plaintiff's 94 Unopposed MOTION to Vacate Trial Date and Set New Trial Setting Conference. The present trial date of 4/10/2023, is VACATED. The parties are to participate in the following two status conferences: 3/6/2023, at 1:00 PM with existing counsel; 3/31/2023, at 1:00 PM with newly-retained counsel. Signed by Judge Ricardo S. Martinez. (SB)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 HOWARD J. MEYER, JR., et al., Plaintiffs, 9 10 11 v. CASE NO. C17-1218 RSM ORDER GRANTING PLAINTIFF’S MOTION TO VACATE TRIAL AND SET STATUS CONFERENCE BAYERISCHE MOTOREN WERKE AG (aka) BMW MOTORRAD, et al., 12 Defendants. 13 14 This matter comes before the Court on Plaintiffs’ unopposed “Motion to Vacate Date of 15 Trial and to Schedule a New Trial Setting Conference,” Dkt. #94. Trial is currently set for April 16 10, 2023. Dkt. #93. Due to the increasingly serious and disabling health issues of their counsel, 17 Plaintiffs cannot proceed to trial as currently set and need time to find replacement counsel. See 18 Dkts. #94 and #94-1. 19 The Court finds that good cause has been shown for yet another continuance and will 20 strike the trial date. 21 conferences—one as soon as possible to discuss the current status of the search for new counsel, 22 and a second conference to be held with that new counsel to discuss future trial dates. This 23 second conference will operate as a deadline to ensure progress is being made and that this case 24 does not languish forever. ORDER – 1 The Court believes the parties would benefit from two telephonic 1 Having reviewed the relevant briefing and the remainder of the record, the Court hereby 2 finds and ORDERS that Plaintiff’s unopposed “Motion to Vacate Date of Trial and to Schedule 3 a New Trial Setting Conference,” Dkt. #94, is GRANTED. The present trial date of April 10, 4 2023, is VACATED. The parties are to participate in the following two status conferences: 5  March 6, 2023, at 1:00 PM with existing counsel; 6  March 31, 2023, at 1:00 PM with newly-retained counsel. 7 The parties are to call in to 888-251-2909 and use this access code: 1307658 #. 8 9 DATED this 24th day of February, 2023. 10 11 A 12 RICARDO S. MARTINEZ UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 ORDER – 2

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