Ever since the trial date was set by the trial court, the defendants have gone to extraordinary lengths to try and get the trial date pushed off. They have made arguments before the trial court that it is impossible for them to conduct the amount of discovery necessary for them to get the cases ready for trial between now and the end of September. The trial court denied those requests to get the trial date moved.
We had an order that came out on September 1 where the trial court indicated the trial date would not be moved. It was indicated that the defendants had waited too long to begin seeking medical records and discovery from the six plaintiffs selected for that trial. As a result, if there was any prejudice to them it was caused by their own delay in action.
The defendants have now gone to the Fifth Circuit Court of Appeals to request that they move the trial date. We do not yet have a decision from the Fifth Circuit. But what’s important to know regarding the scheduling of trials, coordinating discovery, the trial court has a huge amount of discretion. It would be highly unusual for an appellate court to overturn the decision of a trial court with respect to scheduling of trials, discovery and depositions.
I do not expect that this trial is going to be moved. The fact that the defendant keeps filing motion after motion to get it delay, stayed or moved, is a good sign for the plaintiffs. It shows the defendants are very concerned with the next group of plaintiffs.
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