Michel v. Brazwell

Opinion

1 2

3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 5 AT TACOMA 6 STEPHEN BRENT MICHEL, 7 Plaintiff, 8 v. C22-5286 TSZ 9 CHERI BRAZWELL; and SCOTT MINUTE ORDER BRAZWELL, 10 Defendants. 11

12 The following Minute Order is made by direction of the Court, the Honorable Thomas S. Zilly, United States District Judge: 13 (1) No jury demand having been timely filed, see Fed. R. Civ. P. 38(b), and the remaining claims in this matter being equitable in nature and therefore appropriately tried 14 to the bench,1 the Court hereby AMENDS the Minute Order Setting Trial Date and Related Dates, docket no. 40, as follows: 15 16 BENCH TRIAL DATE (4 days) March 17, 2025 17 Discovery motions filing deadline October 17, 2024 18 Discovery completion date November 25, 2024 19

20 1 See Michel v. Brazwell, No. 23-35053, 2023 WL 6532646, at *1 (9th Cir. Oct. 6, 2023) (“The doctrines of promissory estoppel and implied or constructive trust are equitable in nature . . . .”); 21 see also Am. Universal Ins. Co. v. Pugh, 821 F.2d 1352, 1356 (9th Cir. 1987) (“The imposition of a constructive trust is purely an equitable remedy and equitable remedies are not triable of 22 right by a jury”). 1 Dispositive motions filing deadline December 26, 2024 2 Deadline for filing motions related to expert January 2, 2025 testimony (e.g., Daubert motions) 3 Deadline for completing mediation pursuant to January 31, 2025 Local Civil Rule 39.1(c) 4 Agreed Pretrial Order due February 28, 2025 5 Trial briefs due February 28, 2025 6 Proposed findings of fact and conclusions of law February 28, 2025 7 and deposition testimony designations due March 7, 2025 8 Pretrial conference scheduled for at 10:00 a.m. 9 (2) The deadlines for joining additional parties, amending pleadings, and disclosing expert testimony have already expired. The deadline for filing motions in 10 limine has been stricken, and any evidentiary issues that the parties wish to bring to the Court’s attention in advance of trial should be discussed in their respective trial briefs. 11 (3) Motions shall be noted and briefed in accordance with the current version 12 of Local Civil Rule 7. The parties may not renote already-filed motions without leave of the Court. 13 (4) The provisions of the Minute Order Setting Trial and Related Dates, docket 14 no. 40, concerning any alteration of the case schedule and the need for counsel to be prepared to commence trial on the date set, the agreed Pretrial Order and the form of the 15 exhibit list to be included therein, the numbering of trial exhibits, and immediate communication to the Court of any settlement, remain in full force and effect. 16 (5) The Clerk is directed to send a copy of this Minute Order to all counsel of record. 17 Dated this 27th day of August, 2024. 18 19 Ravi Subramanian Clerk 20 s/Laurie Cuaresma 21 Deputy Clerk 22