In Uncategorized on 03/15/2017 at 16:52

Judge Gale is impervious to the pleas so well expressed by The King in his second great hit (even if pieces of two takes had to be spliced together, a daring move in 1956).

So away he walks from Konkhor Enterprises, Inc., et al, Docket No. 21248-13, filed 3/15/17.

“…the parties filed a Joint Motion for Continuance seeking a postponement of the … trial date in view of the fact that respondent’s primary examination agent will not be available at that time and the fact that the parties have made significant progress in narrowing the issues for trial and, with additional time, may be able to further narrow the issues or reach a settlement. The parties’ Motion requests that these cases be continued from the…trial session; that jurisdiction be retained by the undersigned… The parties also filed a Joint Stipulation of Settled Issues.” Order, at p. 1.

Sounds like the parties are working and playing well with each other. And they want Judge Gale to stand by them on the case.

Judge Gale agrees, in part.

“The parties’ filing of the Joint Stipulation of Settled Issues persuades the Court that they have been diligent in their efforts to narrow the issues for trial, and that a continuance would be in the best interests of the parties and the Court in order to afford the parties additional time to narrow, and possibly resolve, the remaining issues.” Order, at p. 1.

But Judge Gale, unpersuaded even by Elvis, bids the parties farewell.

“We are not persuaded, however, that having the undersigned retain jurisdiction is necessary or appropriate to foster that goal. Instead, the Court will order periodic status reports, which will have the effect of postponing the calendaring of these cases for trial until an appropriate time.” Order, at p. 1.

Heartbreak Hotel, anyone?

Serious Takeaway- Don’t expect a judge to sit with a case if it looks like trial will be put off, and the likelihood of immediate motion practice is small. Even if the judge is helping.


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