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Lithia Real Estate, Inc., An Oregon Corporation, et al v. Airport Road Development

October 17, 2011

LITHIA REAL ESTATE, INC., AN OREGON CORPORATION, ET AL., PLAINTIFFS,
v.
AIRPORT ROAD DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER CONTINUING TRIAL

Due to the reassignment of this action, the following changes have been made to the Pretrial Scheduling Order.

I. TRIAL SETTING

The April 24, 2012 bench trial is vacated and continued to May 28, 2013, at 9:00 a.m. in Courtroom 7. The parties estimate a trial length of five (5) days.

II. TRIAL BRIEFS

The parties shall file trial briefs not later than March 21, 2013. Counsel are directed to Local Rule 285 regarding the content of trial briefs.

III. FINAL PRETRIAL CONFERENCE

The February 24, 2012 Final Pretrial Conference is vacated and continued to April 4, 2013, at 2:00 p.m. in Courtroom 7. At least one of the attorneys who will conduct the trial for each of the parties shall attend the Final Pretrial Conference. If by reason of illness or other unavoidable circumstance a trial attorney is unable to attend, the attorney who attends in place of the trial attorney shall have equal familiarity with the case and equal authorization to make commitments on behalf of the client.

Counsel for all parties are to be fully prepared for trial at the time of the Final Pretrial Conference, with no matters remaining to be accomplished except production of witnesses for oral testimony.

The parties shall file, not later than March 14, 2013, a Joint Final Pretrial Conference Statement. The provisions of Local Rules 281 shall apply with respect to the matters to be included in the Joint Final Pretrial Conference Statement. In addition to those subjects listed in Local Rule 281(b), the parties are to provide the Court with a plain, concise statement that identifies every non-discovery motion tendered to the Court and its resolution. Failure to comply with Local Rule 281, as modified by this Pretrial Scheduling Order, may be grounds for sanctions.

At the time of filing the Joint Final Pretrial Conference Statement, counsel shall also electronically mail to the Court in digital format compatible with Microsoft Word or WordPerfect, the Joint Final Pretrial Conference Statement in its entirety including the witness and exhibit lists. These documents shall be sent to: mceorders@caed.uscourts.gov.

The parties should identify first the core undisputed facts relevant to all claims. The parties should then, in a concise manner, identify those undisputed core facts that are relevant to each claim. The disputed facts should be identified in the same manner. Where the parties are unable to agree as to what disputed facts are properly before the Court for trial, they should nevertheless list all disputed facts asserted by each party. Each disputed fact or undisputed fact should be separately numbered or lettered.

Each party shall identify and concisely list each disputed evidentiary issue which will be the subject of a motion in limine.

Each party shall identify the points of law which concisely describe the legal issues of the trial which will be discussed in the parties' respective trial briefs. Points of law should reflect issues derived from the core undisputed and disputed facts. ...


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