Judge: Mark H. Epstein, Case: 21SMCV00771, Date: 2023-11-13 Tentative Ruling

Case Number: 21SMCV00771    Hearing Date: November 13, 2023    Dept: I

The court had thought that the matter had settled but the settlement fell apart.  Accordingly, the matter was restored to the trial calendar.

The most recent FSC documents that the court has were those filed unilaterally by plaintiff in September 2021—two years ago. 

In the interim, the case was put over for a short time and then settled.  For 18 months or so, there were hearings on the settlement and finally, recently, the parties abandoned the effort.

Until recently, the court had assumed that the September 22, 2021 FSC documents are the parties’ joint FSC documents except for the jury instructions and witness list, which were filed on September 30, 2021, and replaced the earlier documents.

The witness list has 5.8 hours of direct testimony and 5.1 hours of cross-examination.  The exhibit list has 17 documents—16 to be admitted by plaintiff and on by defendants.  There are no objections other than to exhibits 5-13.  As to jury instructions, there are five requested instructions to which plaintiff objects but other than that there is a stipulation.  The verdict form is stipulated.  The short statement of the case is stipulated.  There will be no deposition testimony offered other than for purposes of impeachment.  There will be no jury questionnaire.  There are no motions in limine.

However, on November 9, 2023, plaintiff’s counsel stated that he attempted to contact defense counsel given that the prior documents are over two years old.  Specifically, counsel sent proposed materials to defense counsel on September 26, 2023.  Having heard nothing back, plaintiff’s counsel claims to have made other attempts to meet and confer, but has heard nothing from the defendant.  The court will inquire further.  It appears as if defendant has elected to abandon the case.  If so, the court will inquire whether defendant intends to allow entry of default.  The other option is to have plaintiff’s materials be deemed the trial materials with defendant precluded from introducing any witnesses not on plaintiff’s list or exhibits not on plaintiff’s list.  It does not appear that plaintiff has submitted any jury materials, even unilaterally.