MORRISON C. ENGLAND, JR., District Judge.
The Complaint and Demand for Jury Trial in this matter was filed on December 16, 2014, alleging injury to the Plaintiff caused by defective design and/or manufacturing of a food processor sold and distributed by the sole remaining Defendant, Wal-Mart Stores, Inc. Wal-Mart Stores, Inc.'s Motion for Summary Judgment was denied on August 31, 2017, after which, and upon review of the parties' Joint Notice of Trial Readiness, the Court set a Jury Trial on March 26, 2018.
On January 30, 2018, the Court vacated the Final Pretrial Conference and Jury Trial due to the confirmation of a 36-day criminal trial with an in-custody Defendant scheduled to begin on February 26, 2018. Thereafter, the matter was set for a Status Re: Trial Setting on March 7, 2019, due to the unavailability of this Court's schedule for a new trial date until June of 2019.
On February 26, 2018, the Courtroom Deputy emailed counsel regarding the availability for trial June 4-6, 2018, to which defense counsel replied he and his experts were unavailable. On February 27, 2018, Plaintiff's counsel filed a Motion to Advance the Trial Status Conference or in the alternative, ". . . set a trial date without holding a status conference."
Now before the Court is Wal-Mart's Motion to Vacate the Court's February 28, 2018, Order, which counsel filed later that same day. The Motion argues that Wal-Mart's sole expert, Richard L. Stern, is unavailable to testify during the trial as scheduled due to "previously arranged professional obligations." ECF No. 107, 4: 1-3. Wal-Mart further argues that its lead trial counsel, Robert K. Phillips, has state court trials set for the weeks of June 11, 2018 and June 18, 2018 and cannot both try this case and adequately prepare for those upcoming trials. Mr. Phillips also claims that he cannot attend the Final Pretrial Conference as scheduled on May 3, 2018, because of a pre-paid family vacation.
Plaintiff argues in response that defense counsel has repeatedly cited conflicts with his personal and professional schedules, that counsel did not adequately identify the nature of Mr. Stern's alleged inability to testify beyond citing vague "professional obligations," and that attorney Phillips' subsequently set trials in state court, which may or may not proceed as scheduled, should not prevent trial here from going forward, particularly since Wal-Mart has "already been defended by multiple lawyers in this case and that it's only Mr. Phillips who has cited a potential, speculative conflict." ECF No. 109, p.2.
By way of Reply, defense counsel states only that Mr. Stern will be attending an annual engineering conference in San Antonio, Texas between June 3, 2018, and June 6, 2018, that he relies upon to fulfill his professional continuing education requirements.
This matter has now been fully briefed. After examining the papers submitted both in support of vacating the currently scheduled trial date, and in opposition thereof, the Court finds that good cause has not been demonstrated to vacate the June 4, 2018 trial date. Accordingly, the Court must, given its responsibility to adjudicate the matter in a timely fashion, "unilaterally" confirms that trial will indeed commence on June 4, 2018 for a three (3)-day jury trial. As previously noted, this case was filed well over three years ago. Because of its impacted caseload and the window of time it has been able to currently allocate for trial, the Court declines to continue the matter further, and will not do so on the basis of state court trials which may or may not proceed, and should be able to be tried by other lawyers representing Wal-Mart in any event.
Consequently, to the extent Wal-Mart's Motion seeks to vacate the currently scheduled June 4, 2018 trial date, that Motion (ECF No. 107) is DENIED.
The parties may renotice or file Motions in Limine not later than March 30, 2018, all of which will be considered at the Final Pretrial Conference. Any opposition to Motions in Limine shall be submitted not later than April 9, 2018, with replies, if any, due on April 13, 2018.
IT IS SO ORDERED.