Free Order on Motion for Reconsideration - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The court has before it defendants' motion for reconsideration (doc. 77). In light of the substance of our order of September 1, 2005, we are frankly surprised that defendant would file such a motion. There is nothing in the motion that would constitute good cause to upset a firm trial date. Counsel just seems not to accept the fact that firm trial dates trump other matters. It is unprofessional to schedule a family vacation in the face of a known and acknowledged firm trial date. Counsel may either rearrange his vacation schedule or find somebody else in his firm to try this case. reconsideration is DENIED (doc.77). The court has before it plaintiffs' motion to postpone trial and trial related dates (doc. 78), and plaintiffs' motion for expedited review (doc. 79). Plaintiffs' motion for expedited review is GRANTED (doc. 79). Plaintiffs' motion to postpone trial and trial related dates is DENIED (doc. 78). Plaintiffs complain about the effect defendants' tardiness has had on
Case 2:03-cv-02516-FJM Document 81 Filed 09/13/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

HERITAGE HOUSE '76, an Arizona) ) corporation, ) ) Plaintiff, ) ) vs. ) ) ) LIFE CYCLE BOOKS LTD., et al., ) ) Defendants. ) )

No. 03-2516-PHX-FJM ORDER

Accordingly, defendants' motion for

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plaintiffs' trial preparation. If defendant failed to produce documents in response to a request for production, plaintiffs should have sought relief from this court much earlier. If, on the other hand, defendants just surprised plaintiffs with newly disclosed documents, plaintiffs may seek other relief, including, but not limited to, default against the defendants in the event that these documents seriously affect the case. At this point, we do not know the nature of the effect of these documents on the case. But the remedy for tardy disclosure is sanction, not a trial continuance. DATED this 12th day of September, 2005.

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