Filed: Jun. 08, 2016
Latest Update: Jun. 08, 2016
Summary: ORDER JAMES A. TEILBORG , District Judge . Pending before the Court is a motion filed pursuant to Rules 59(e) and 60(b). (Doc. 335). Because each of these rules specifically deals with amending a judgment, and because no judgment has been entered in this case, any motion under these Rules is procedurally premature. 1 Accordingly, the motion will be denied. The Court intends to set trial in this case for Monday, December 5, 2016. Accordingly, counsel has one week from the date of this Orde
Summary: ORDER JAMES A. TEILBORG , District Judge . Pending before the Court is a motion filed pursuant to Rules 59(e) and 60(b). (Doc. 335). Because each of these rules specifically deals with amending a judgment, and because no judgment has been entered in this case, any motion under these Rules is procedurally premature. 1 Accordingly, the motion will be denied. The Court intends to set trial in this case for Monday, December 5, 2016. Accordingly, counsel has one week from the date of this Order..
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ORDER
JAMES A. TEILBORG, District Judge.
Pending before the Court is a motion filed pursuant to Rules 59(e) and 60(b). (Doc. 335). Because each of these rules specifically deals with amending a judgment, and because no judgment has been entered in this case, any motion under these Rules is procedurally premature.1 Accordingly, the motion will be denied.
The Court intends to set trial in this case for Monday, December 5, 2016. Accordingly, counsel has one week from the date of this Order to review all attorney, client and witness schedules for a trial beginning December 5, 2016. Any motion to continue this trial date must be filed within seven (7) calendar days. Any such motion must show good cause why trial cannot proceed in approximately six months. In the event the any party moves for a continuation, within ten (10) calendar days of the date of this Order, counsel must confer among themselves and with all clients and witnesses and agree-to at least two trial dates that will allow trial of this case to conclude by March 31, 2017.
Additionally, within ten (10) calendar days of the date of this Order, counsel shall confer and file a joint notice advising the Court of: 1) an estimated length of trial, and 2) whether a jury trial was properly demanded. If a motion to continue was filed within seven days, this joint notice must include proposed trial dates within the time frame specified above. Based on the foregoing,
IT IS ORDERED that the motion for relief under Rules 59(e) and 60(b) (Doc. 335) is denied.
IT IS FURTHER ORDERED that any motion to continue the Court's proposed December 5, 2016 trial date is due within 7 days.
IT IS FURTHER ORDERED that a joint notice (as specified above) is due within 10 days.
