Judge: Mark H. Epstein, Case: 22SMCV01906, Date: 2024-07-29 Tentative Ruling

Case Number: 22SMCV01906    Hearing Date: July 29, 2024    Dept: I

The matter is here for an FSC.  The FSC order was given on February 10, 2023.  Defendant seeks to continue the matter because an associate has left the firm’s employ.  This request was done by stipulation and order filed July 12, 2024, not by ex parte application or motion, which means that the court did not see it until very recently.  The court is not quite sure why it is that this requires a continuance.  If it were lead counsel, that might be one thing.  But while the court recognizes that associates are hardly fungible, the fact that an associate left—even one who works on day to day matters—is hardly cause to continue a matter that is already almost two years old.  The court will discuss this with counsel, but the court cannot provide any assurance as to when a date will open up.

The court has received the following materials regarding the FSC filed on July 24, 2024.  It appears only plaintiff signed those materials.  (1) Exhibit List.  There are 17 exhibits and no indication as to any stipulations.  (2) Statement of the Case.  This looks appropriate if it is joint.  (3) Jury Instructions.  Only CACI instructions are listed, which is fine.  If it is joint, it is appropriate.  (4) Witness list.  16 witnesses are listed.  For many, the time estimates are zero, which is odd.  For those with estimates, there is 14 hours of direct and 7 hours of cross.  Assuming that only the 7 witnesses with estimates are actually on the list, and assuming it is joint, the list is appropriate.  (5) Special Verdict Form.  That looks appropriate if joint.

The court will inquire if the FSC materials are joint.  If they are, the parties will need to file a revised exhibit list no later than 3:00 pm on Wednesday stating whether there are stipulations as to authenticity and any objections to the exhibits.  The court has not received any optional trial briefs, which is not a problem as they are optional.  The court has also not received a deposition chart, which is fine so long as no party intends to use deposition testimony other than for impeachment.  The court has received no jury questionnaire, which is appropriate if no party wants one.  The court has received no statement of unusual issues, which is not a problem if there are none.  And finally, the court has not received an updated trial estimate, but the court can figure that out.

In short, if the FSC materials are joint, then the case will be deemed READY FOR TRIAL, and trial will begin on August 5, 2024, at 10:30 assuming that an updated exhibit list is provided.  If the FSC materials are not joint, then the case is NOT READY FOR TRIAL, and the court will inquire further.  The court will also, as said above, inquire as to why the departure of an associate requires that the matter be continued.