Opinion
No. C10-4880 BZ
10-17-2011
ATS PRODUCTS INC., Plaintiff(s), v. FRANK GHIORSO, THERMALGUARD TECHNOLOGY LLC, THERMALGUARD LLC, Defendant(s). FRANK GHIORSO, Counter-Claimant, v. ATS PRODUCTS, INC.; LAWRENCE E. SHEA, individually and in his capacity as Trustee of the 1992 SHEA FAMILY TRUST; SHEA TECHNOLOGY, LLC, and HELEN SHEA.
AMENDED ORDER GRANTING MOTION TO WITHDRAW AND CONTINUING TRIAL
IT IS HEREBY ORDERED as follows:
1. The motion of the law firm of Hopkins & Carley to withdraw as counsel of record for defendants Frank Ghiorso, Thermalguard Technology, LLC and Thermalguard, LLC and counterclaimant Frank Ghiorso (Docket No. 125) (collectively defendants) is GRANTED on the following terms and conditions:
a. The Order relieving counsel is effective October 17, 2011, unless defendants earlier file a substitution of counsel. Until they are relieved, counsel shall continue to accept service on behalf of defendants.
b. If new counsel does not appear by October 17, 2011, the Clerk will be instructed to enter the default of the Thermalguard defendants. Ghiorso should be prepared to represent himself until such time as he finds counsel.
2. The motion to continue the trial is GRANTED as follows:
a. Jury trial will commence November 28, 2011 at
8:30 a.m., in Courtroom C, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102.
b. A further pretrial conference is scheduled for Tuesday, November 15, 2011, at 1:30 p.m., in Courtroom C, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102.
c. The parties must complete the remaining expert depositions by November 7, 2011.
d. By November 1, 2011, the parties shall file one set of instructions to which they have jointly agreed and separate instructions on which they cannot agree. The parties are reminded that only instructions that are warranted by the evidence will be given to the jury. Their present task is to agree on instructions which correctly state the law. Objections to separate instructions shall be filed by
November 8, 2011.
e. By November 1, 2011, the parties shall file a set of exhibits as to which they have resolved all objections such that they can be admitted into evidence. Each party shall file any separate exhibits to which they cannot agree. Objections to those exhibits shall be filed by November 8, 2011. All objections will be resolved at the pretrial conference.
f. If the parties agree to instructions and exhibits which have already been filed, they need not re-file them if they clearly indicate which they are, unless they conclude that a new set would be more convenient for Court and counsel.
Bernard Zimmerman
United States Magistrate Judge