Brief Fact Summary. Plaintiffs, Polycast Technology Corporation et al., filed a motion prior to the end of discovery to request an expedited trial.
Synopsis of Rule of Law. A party should wait until the end of discovery before requesting stipulations to the timing of the trial.
Mail or wire fraud consists of the following elements: (1) formation of a scheme or artifice to defraud; (2) use of the United States mails or wires in furtherance of the scheme; and (3) specific intent to deceive or defraud.View Full Point of Law
Issue. The issue is whether Plaintiffs’ motion to expedite the trial is premature as it is filed prior to the close of discovery.
Held. The court agreed with Defendant that the motion was premature. It did not make sense to make a decision on expediting a trial that may not happen depending on the outcome of Defendant’s summary motion. Plaintiffs can move for the expedited trial after discovery and after the judge has determined the merits of Defendant’s summary judgment motion.
Discussion. The court did not consider Plaintiff’s motion ripe.