STIPULATION TO CONTINUE TRIAL DATE

MORRISON C. ENGLAND, JR., District Judge.

WHEREAS this case is scheduled for trial on September 10, 2018,

WHEREAS counsel for Plaintiffs advised he has a conflict with a trial in the Northern District that prevents him from going forward on September 10, 2018 in this matter,

WHEREAS counsel for Defendants do not have any objection to selecting a new trial date,

The parties, and each of them, hereby request that the trial date in this matter be vacated and the Court schedule a Status Re: Trial Setting hearing to select a new date that is convenient for the Court and all parties.

ORDER

The Court has reviewed the parties' request, which is lacking any detail as to why the trial in the Northern District of California should take precedence over the trial of this action. This case will be eight years old when trial commences, and the Court has already blocked off fourteen (14) days of its highly impacted trial schedule to adjudicate this matter. Finding another 14-day period in which this Court is available, as the parties have been advised, will take this case well into 2019, if not beyond. Stated another way, if this trial does not go now, there is no telling when the Court will be able to confirm another date. Given that unfortunate reality, only on the most compelling showing of good cause will this Court be willing to vacate the current trial date. The parties are of course reminded that they are free to consent to try this case before the magistrate judge on an alternative date or to participate in either a settlement conference or the Court's VDRP program.1 In the meantime, the parties' stipulated request to continue is hereby DENIED without prejudice to refiling pursuant to the foregoing.

IT IS SO ORDERED.