Hunter Brown vs Real Water, August 29, 2024

because I don't want to be I didn't want to be in front of a triout judge who's just going to exercise their discretion potentially at a [Laughter] win okay next up Hunter Brown versus Affinity Lifestyles just go ahead and set forth our appearances for the record we'll start first with the U uh plaintiff then we'll go to the defense morning honor Eric Pepperman and Teddy Parker via Zoom for PLS morning morning your honor Joel in person and Affinity life sales.com Jim Cav et1 DVA terrible ver okay once again uh good morning and I we had a status check regarding pre-ra motions uh tell me where are we at on that issue I do realize they've been they're getting filed we did check that we know that uh yes your honor what what we discussed last time we were in front of you was um courts availability for hearings on these motions on September 23rd 24th and 25th uh that was before the court was scheduled to have its preow conference on this stack um but our thought was if those days are still available for the hearings uh we could schedule the hearings on those days and we should be able to get them all done in that time frame if not less yeah I think there was was one issue that came up um I was talking to LY she's TR to come in because I do I do know we have a trial that we have currently to set and which St were you talking about Glen we might have a trial issue we start trial here and they may lead into that day yeah there's there's one issue we might have that might impact the pre-trial availability because we're starting a jury trial in the Wheelis versus matter on September 16th they promise 5 days but you know how that can be I just want to let you know that and we would know probably by the Thursday before where we're at right and so yeah we'll keep it but if you get a call from us say September 13th that it looks like we need a 23rd will let you know about that what Tor and I just went over too because we could start the Tuesday Wednesday and then the following week and I've limited our calendars on um October 1 2 and 3 so we could possibly start at 10:30 on that Tuesday and Thursday Tuesday and Thursday yeah October 1 and 3 October 2 is business court day so we can't guarantee a early morning start yeah and it may be that even if you bleed over to that Monday the 23rd 24th and 25th will be sufficient and if not that we can we've got the whole next week block for you sounds great the entire week I'm just not sure if two days my my colleagues have been in three of these together and they've got it down to a science we're not as optimistic that we can get something like that's I'm not I'm not as optimistic either that's why we have I think seven days set of that would be more I think appropriate assuming all these have to be heard but but the bottom line is if we need more time we'll have it okay good so it could be and the same thing say if we still need October 7th the jury questionnaire will say on or about October 7th for X number of weeks so if their actual start date isn't until the 8th then that can be done too we've done that before plan if don't foresee that being an issue at all um there if it is it is and we got it covered appreciate that's kind the best one I mean because Mr Parker knows I always plan for the worst case scenario absolutely you definitely you know because you know with you know I don't mind saying it that's how I used to practice I used to always look at it from this perspective what is the worst thing can happen and you can always if you if you approach your your practice that way you never get in trouble right because don't assume things will go according to plan they never do never do they never do and that's why you always have to anticipate and do your eyes and cross your tees all the way through right and uh and that way you stay out of trouble it's BR thing to do because I don't want to be I didn't want to be in front of a triout judge who's just going to exercise their discretion potentially at a [Laughter] win we've all been there right indeed and it's not a good place to be I understand so we try to stop that we do what else do we need to do one house matter um I did a quick count this morning looks like we've got about 60 motions eliminate about uh six to seven motions for summary judgment a lot of the issues this court has heard oh yeah and did you did you get my little uh we didn't yes the order was filed yesterday for blind briefing for on that one issue I I I thought a minute order because I thought about it I really didn't remember the impact of my determination as it relates to um summary judgment for the manufacturer what impact it has on a distributor I went back and thought about it and because and and here's the point and what did I say here this was filed yes it was filed yesterday this is what I said here I said uh the court orders the parties to submit blind blind briefing for plainist motion for summary judgment based upon the doctrine of issue preclusion within 10 days of the order posting regarding the impact of the Court's finding pursuant to Le statement of torch 402a that the real real water product was defective and a subsequent impact on retail ERS and Distributors yeah for failure to join right and I thought about it and I said you know what two things um uh first and foremost uh I think it's important to make a record as far as potential briefing right just as important maybe give me a little guidance and and last but not least um uh that's what I really would like to do uh and that's why I ordered it because at the end of the day I have to make decisions but I want to make sure I'm not making them in a vacuum and I want your assistance in making those decisions make sense so we have 10 days from yesterday or today yesterday yesterday I didn't see the order we were yeah that's okay that's why I brought it up but my point is this and I think it should we should have some vetting of the issue and after I get to Blind briefing and review it I'll take if I need argument I'll let you know if I have concerns I'll let you know but that's it's really an important issue for your client yeah and I appreciate it and I'm glad you pointed out for Distributors and retailers distributor I understand the restatement of T 42a right uh and so that's why I did that though just so you know I mean there's a little method to my Badness when I do things right yes sh that's not a problem at all yeah because and and and potentially could be a very important issue and I just don't want to just I never just do what I want to do I always try to be Tethered to case law and those types of things and you know what I mean this tell me and I think it's a pretty simple minute order but what I mean by that is give me some supplemental briefing on that specific issue because I'll say it again because uh because remember that kind of came up out of nowhere what impact does that have on the um right here the real water product was defective and a subsequent impact on retailers and Distributors based upon the failure to follow a joined or an opposition to plan his motion for summary judgment based upon the the doct of issue conclusion right y it's pretty clear right gentlemen yes honor I know thank you yes and uh and uh I mean and the reason why I did that I mean this is a very important case for everyone involved I get that uh just as important I don't know if it's going to settle or not but um I I don't want put it this way uh one thing I try to do I try to take away appe pillet issues I don't mind making decisions but um in a general sense um we don't have many appeals as it as it pertains to procedure and a court failing to cons consider certain things right and that's kind of my point I can get it right or wrong on the substance but I'm not going to I'm not going to have a case remanded back to me because of something I I failed to do right and so that saves your time and money for your client you know thank you so much that brings up the housekeeping question I was about to ask which is um reply breaks are being filed on September 17th I believe uh it will take us some time to put together binders and get them down to the court uh in addition I anticipate the parties will be able to work out an agreement as to what motion should be heard together and when they could be heard together um would it be all right if we get those to the court by I don't know Thursday is going to be tough we can try um but last time it took the Copy Service two days to get everything copied organized into neat binders for judge kishner and I think it worked out well but it just was a struggle to get him on time what what the hearing start when the hearing starts Monday the 23d um we anticipate the reply briefs will be filed um I guess the night of the 16th so we get them on the 17th because some filings occur after midnight for reasons that I don't need to explain and then we got to get them printed and put into binders and delivered to this court what about the Thursday before is that fine where does that put us just want to incad date your honor we'll make it work okay or we can get it that Friday is it Friday before better it'll be Friday by noon just so we have time to Friday Friday how's how's that that gives you a little bit more time and I will say this in in a general sense um I don't anticipate many unique and new issues probably a lot of the same right there's a few but not there's not that many I looked at the Motions okay all right that's one other quick question Ron uh we know when the dates are is does the court have an inclination of what order they're going to hear these matters in I thinking the parties would hopefully agree if you agree that's how I hear it and you can send me a little agenda join agenda judge we want to heard in this order if and I don't mind telling you this and this is typically what I do if there's no agreement I just go an order that they would file okay you know that's the best I can do you know but parties agree I hear them in whatever what you suggest that was our understanding of the course protocol right right agenda the docket number so we know which documents you're talking about thank you and you notice with these voluminous document Even in our our minute orders we make references to the docket number that makes it easier to find things right you know your honor we were actually discussing this um week or two ago that we we understand how much easier it is with docket numbers but they don't make it easy by printing the docket numbers on the documents it you know it I don't know if it's an internal system with the court or if that's possible to have the docket numbers on the documents with the file stamp but you know what you could do I don't mind telling you this maybe that would be something appropriate for a bench bar discussion because potentially they might have the capability for that I don't know but uh what we try to do is we try to make everyone's jobs easier as far as locating documents because in a case like this for example you have so many motions it might be very difficult to find but if you had a docket number when it was filed that helps I agree it helps on our end too as many as last time that's the good news yeah all right good ones they're good on all right thank you thank you honor okay enjoy your day gentlemen thank you very much apprciate thank you h