Opinion
2:19-cv-02119-RFB-NJK
08-02-2023
CLYDE MONTERO, an individual, AMY MONTERO, an individual, J.V., an individual, I.V., an individual, and N.V., an individual, Plaintiffs, v. KNIGHT TRANSPORTATION, INC., an Arizona corporation, KNIGHT REFRIGERATED, LLC, an Arizona limited liability company, KNIGHTSWIFT TRANSPORTATION HOLDINGS, INC., an Arizona corporation, KEVIN CORNISH, an individual, DOES I through XX, and ROE CORPORATIONS 1 through 100, Defendants.
RAMZY P. LAD AH, ESQ. CARL R. HOUSTON LAD AH LAW FIRM Attorney for Plaintiffs WOOD, SMITH, HENNING & BERMAN LLP KYLE J. HOYT, ESQ JADE N. TRAN, ESQ. Admitted Pro Hae Vice Attorneys for Knight Transportation, Inc., Knight Refrigerated, LLC, and Kevin Cornish
RAMZY P. LAD AH, ESQ. CARL R. HOUSTON LAD AH LAW FIRM Attorney for Plaintiffs
WOOD, SMITH, HENNING & BERMAN LLP KYLE J. HOYT, ESQ JADE N. TRAN, ESQ. Admitted Pro Hae Vice Attorneys for Knight Transportation, Inc., Knight Refrigerated, LLC, and Kevin Cornish
STIPULATION FOR CONTINUANCE OF TRIAL DATE
Plaintiffs, by and through their attorneys Ramzy P. Ladah and Carl R. Houston of the Ladah Law Firm, and Defendants Knight Transportation, Inc., Knight Refrigerated, LLC, and Kevin Cornish, by and through their attorneys, Jade N. Tran and Kyle J. Hoyt of Wood, Smith, Henning & Berman LLP, hereby stipulate to continue the trial date pursuant to LR 6-1, LR 7-1 and LCR 45. Specifically per LR 6-1, the parties have conferred and determined that they cannot proceed on the September 5, 2023 trial date for several reasons.
First, despite efforts to resolve these matters, Plaintiffs' counsel has no less than four trials before the end of the year, including but not limited to the following older/contemporaneous cases:
• 2017 state court case (Vallejo-Gascon v. Polanco: Case No. A-17-764166-C), which is a three-week trial set for September 5, 2023
• 2019 state court case (Morales, et al. v. R&M Trucking: Case No. A-19-789743-C), which is a 2-3-week trial on the October 9, 2023 trial stack
• 2019 state court case (Saber El-Bendary v. Cherry: Case No. A-19-804592-C), which will be 2-3 weeks in September or October
• 2019 federal court case (Peters v. Knight Trucking, et al.: Case No. 2-19-cv-GMN-EJY), which is also slated to go three weeks starting the week of 11/13.
Second, as the parties conferred regarding their respective case-in-chiefs-including their prospective witness list-the estimated trial time is now 6-8 days.
Third, the parties have recently engaged in renewed discussions to settle this matter and would like additional time to evaluate whether resolution is possible.
Accordingly, in light of the foregoing terms, the parties respectfolly request an order continuing the September 5, 2023 trial setting and related dates to one of the following:
1) March 11, 2024
2) March 18, 2024
3) March 25, 2024
4) January 8, 2024If the Court cannot accommodate any of the parties' proposed dates, the parties will make themselves available for any hearing this Court wants to schedule to discuss the same.
IT IS SO ORDERED. The Court resets the trial date to June 3, 2024 at 8:30 a.m. with Calendar call 5/28/2024 at 1:30 p.m. An Order regarding trial shall re-issue at a later date.