I’ve described more than once the process we called in my young day “head-banging.” See my blogposts “Old-Time Head-Banging,” 6/5/15, and “Old-Time Head-Banging – Part Deux,” 9/4/20.

Judge David Gustafson, ever obliging, has migrated the process from robing room to telephone. See Christopher S. Pascucci & Silvana B. Pascucci, Docket No. 2966-19, filed 2/22/22.

Judge Gustafson wants a phoneathon to discuss trial prep, and lists six (count ’em, six) items to discuss. These deal with experts, stips, exhibits, pre-trial memos (and the hope that maybe an off-the-bencher might obviate the need for post-trial memos), the schedule for the week of trial (a week? Must be quite a case; there’s some high-priced counsel here), and whether to do a dry-run of dealing with exhibits, equipment, and housekeeping.

But there’s an item 7 to which I want to draw attention. “Whether the parties have exhausted all reasonable possibilities of settling this case.” Order, at p. 1.

Taishoff’s Translation: “Hey guys, y’all sure you want me to try this case?”