Opinion
Civil Action No. 04-cv-00421-MSK-MEH.
March 20, 2006
ORDER DENYING MOTION TO VACATE TRIAL DATE AND EXTEND TRIAL TIME
THIS MATTER comes before the Court on the parties' Joint Motion to Vacate Trial Date and Extend Trial Time (#99). The parties request a first position setting for a trial of 10 days in lieu of the trial currently set to commence on April 24, 2006. Having reviewed the motion, the record and the docket, the Court
FINDS and CONCLUDES that:
This matter was originally set for a 5-day jury trial to commence April 24, 2006. The final Pretrial Order also provided for a 5-day trial. Since issuance of the final Pretrial Order, rulings on dispositive motions have reduced the number of claims to be tried. As a consequence, at the final trial preparation conference held March 10, 2006, the Court advised the parties that the trial would not exceed 5 days. Nothing in the motion justifies the expansion of trial time to 10 days.
In addition, the disposition of other matters puts the trial in this matter in a first position setting. There is, therefore, no reason to continue the trial.
IT IS THEREFORE ORDERED that the Joint Motion to Vacate Trial Date and Extend Trial Time (#99) is DENIED. The trial in this matter will commence on April 24, 2006 at 1:00 p.m.