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Judge Schofield: Firm With “Ample” Resources Cannot Delay Trial, Despite Lead Counsel’s COVID Diagnosis


In an endorsement today, Judge Schofield declined to postpose a major antitrust trial, despite lead counsel for a bank testing positive for COVID, given that counsel’s firm had several other lawyers available. The endorsement, in full, reads:

It is unfortunate that defense counsel has tested positive for COVID, but the circumstances warrant proceeding with the trial as scheduled. This case has been pending since 2013, and the Court’s next available trial date is in the second quarter of 2023. Defense counsel’s firm has six lawyers designated to try the case and ample additional resources. Counsel who is ill is responsible for only four of the twelve-to-fourteen live witnesses.

Great effort and expense would have to be duplicated to prepare anew for trial in several months, even assuming the availability of lawyers and witnesses. For all of these reasons, the application is DENIED


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