April 18, 2021

Volume XI, Number 108

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April 16, 2021

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“The Court Regrets the Present Circumstances"

On Wednesday, Judge James Selna of the US District Court for the Central District of California issued an order continuing a jury trial that was set for June 1. The order is worth reading in its entirety:

Orange County is presently in the purple zone. The county would have to move two zones to the yellow zone before the court would begin conducting jury trials under the present General Order. That is unrealistic in light of the present trial date.

Several other factors compel a continuance. Criminal cases take priority under the Speedy Trial Act. This court has not tried a criminal case in over a year, and there is obviously a backlog which must be addressed once the court opens for jury trials. Moreover, there are many civil cases older than this case in the queue to be tried. There is no basis to advance this case ahead of other civil litigants who have also been waiting to go to trial.

Finally, there is a seven-week lead time to summon a jury.

The court grants the motion to continue the trial to October 12, 2021, and all other dates accordingly. The court must candidly advise the parties that there is no assurance that the trial will proceed on that date for the reasons outlined above.

The court regrets the present circumstances and ask for the parties’ patience.

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© 2021 McDermott Will & EmeryNational Law Review, Volume XI, Number 57
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