In Capitol Records v. Thomas, after first consenting orally to defendant's request for an extension of 2 weeks in which to file her expert witness's report, plaintiffs' counsel Timothy Reynolds then reneged on his promise, refused to enter into a stipulation, and forced defendant to make a motion asking for the time period to be extended from 7 days to 21 days.
Interestingly, although the motion for extension included a declaration -- which is a document made under penalty of perjury -- of defendant's counsel Brian Toder, Mr. Reynolds's 'refutation' provided no such document. I.e., he partially denied that he had made the agreement, claiming he had agreed only conditionally, subject to his clients' approval, but his denial was not under penalty of perjury.
In another development, the plaintiffs asked for -- and defendant did not object to -- an adjournment of the trial date from May 11th to June 15th. The adjournment was granted, without objection from defendant, so the trial is now scheduled to begin June 15, 2009, at 9:00 A.M.
Plaintiffs' motion to adjourn trial
Order granting plaintiffs' motion for adjournment of trial from May 11 to June 15
Defendant's motion to enlarge time from 7 days to 21 days for filing of expert's report
Plaintiffs' opposition to defendant's motion to enlarge time from 7 days to 21 days for filing of expert's report
[Ed. note. While it is most uncommon in ordinary legal circles (a) to object to a request of that nature, and (b) to renege on an oral agreement, it is typical behavior for Holme Roberts & Owen lawyers, in my experience. Were I Judge Davis, I would go ballistic over this professional misconduct, especially in view of the prior transgressions of that firm in this case. Judge Davis, however, appears to have an extremely long fuse. -R.B.]
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