“The Court Regrets the Present Circumstances.”

By on February 26, 2021

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.

McDermott Will & Emery
Our 200-lawyer litigation practice advises clients of all sizes, from multinational corporations to individual plaintiffs and defendants. We successfully represent our clients in federal and state courts around the country. The strength of our lawyers is based on the fundamental principle that excellence in client service mandates deep substantive knowledge in a broad range of industries and areas of the law, and―when required―incomparable ability and success in the courtroom.

McDermott’s litigation team monitors US courts as they reopen amid the ongoing COVID-19 public health crisis.

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