10

January

2011

the fol I owi ng

ngs were hel d i n open

(Whereupon,

proceedi

court, to

t: )
THE C0URT: I'm goi ng to

w'i

cal

Gi I I espi e

versus Hoffman
MR, FLETCHER:

8,

MORNING SESSION

Yes,

Good morning, Your

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Robert Fl etcher on behal f of Mr, Hoffman

who's present i n court, Your Honor,
MS . GI LLESPI E :
Courtney and Me'l ody

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Gjllespie,

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nti ff's demurrer to

the answer, the Court is adopting its tentative
ru1 i ng. I recei ved yesterday a request for oral
argument . It wasn 't ti me'l y, So the tentat j ve i s

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adopted.

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Honor

"

THE C0URT: The pl ai

The

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on1

y i ssue we have thi s morni ng

s the case management conference. Both defendant

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and

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esti mate by both, ?l though an amendment to the case

management statement by the plaint'i ff indicates two

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weeks,

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plaintjff

demand

jury,

Two-

to

three-day

MR. FLETCHER: Excuse ffie, Your Honor.

Defendant di d not demand a j ury,

THE C0URT: I'm sorry, Non-j ury.
KATHY 1.{. CORREIA, CSR
OFFICIAL, RPR &

N0.
CP

4490

11

Defendant's non-j ury.

MR. FLETCHER: Non-j

THE COURT: You'

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1B

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ury, that's correct,

re ri ght . I read i t

looks like a J.
Medi ati on or j udi ci al arbi trati on by
defendant . Medi ati on i ni ti al 1 y by the p1 ai nti ff,
but j n the amendment to the case management

wrong,

My N

conference statement i t says none. Why the

i ncrease from two to three days to two weeks?
MS. GILLESPIE: Because when I started
after I got the Cross-Comp1 ai nt and I started to
analyze what was gonna potent'i a1 'l y go on i n the
case, then I real i zed 'i t coul d become a comp'l ex
case and may become more i nvol ved than what I had
ori gi na1 1 y thought
.

, my rev-i ew of the f i I e
i ndi cates that we're goi ng to set the matter for a
three-day setting. We can address the length of
the tri al at the settl ement conference fol I owi ng
compl eti on of the di scovery and there's some
quest'i on as to whether that length 'i s going to be
'l
suf f i c j ent , The purpose of the ength , for the
most part, i s so the j ury can be advi sed as to how
'l
ong they're going to be expected to be here,
The Compl ai nt was fi I ed on
August 26th of 2010, I don't determine this 'i s a
THE COURT: Wel I

KATHY

CORREIA. CSR

OFFICIAL. RPR &

NO
CP

4490

12
1

ex case. I'm goi ng to set i t wi thi n one year,

The 22nd of August, i s that agreeabl e?
compl

That's fine, Your Honor.

MR. FLETCHER:

MS, GILLESPIE:

The

what was that

aga-i n?

August 22nd
MS, GILLESPIE: For what?
THE C0URT: Tri al , August 22nd at
1 0:00 o'cl ock i n thi s department, ?ssi gned here for
al I purposes. I'm goi ng to schedul e a readi ness
conference for the 1gth of August at 9:00 o'clock.
Motj ons i n I i mi ne to be served and fi I ed fi ve days
before that readi ness conference, I'l I rul e on
those moti ons at that ti me. Lodge wi th the Court
proposed jury instructions and verdict forms at the
readi ness conference,
f'm goi ng to set an eari y settl ement
conference for the 12th of Ju-l y at 8:30 in this
department. Settl ement conference statements to be
1 odged wi th the Court and served fj ve days before

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THE COURT:

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the settl ement conference.

A wai ver of t'i me and pl ace of tri al
because of counsel 's appearance i n these
proceedi ngs, I'm not goi ng to set the matter for

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medi at'i

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on or arbi trati on.

Any questj ons?
KATHY

M. CORREIA.

OFFICIAL.

N0,

CSR
RPR & CP

4490

'1

MR. FLETCHER: Thank you, Your Honor"

GILLESPIE: What was July?

THE CLERK: Ju1 y 12th,
MS. GILLESPIE: 12th, okay.
|\4S,

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At 8: 30
|\4S. GILLESPIE: I object to the Court's
rul i ng that p1 ai nti ff's request was I ate because we
had to fax it in and jt was at a quarter to 4:00
and accordi ng to the I ocal court rul es i t says
THE COURT:

4:00 o'cl ock,

Yesterday was a hof iday
be -i n by Fri day at 4: 00 o' cl ock.
THE COURT:

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had

to

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(Whereupon,

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were concl uded.

the

proceedi ngs

-o0o-

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KATHY

CORREIA, CSR NO. 4490

OFFICIAL. RPR &

CP

so