Automobile Club v. Mellon Bank (DE) National Ass'n
Opinion
Opinion
Otero, J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
I
FINDINGS OF FACT
INTRODUCTION
These Findings of Fact and Conclusions of Law are rendered pursuant to FRCP, Rule 52a. If any Finding of Fact should be a Conclusion of Law, it is so deemed. If any Conclusion of Law should be a Finding of Fact, it is so deemed.
Plaintiff Automobile Club of Southern California (hereafter “ACSC” or “Automobile Club”) at all times was represented by Diann H. Kim and Wendy 0. Clendening of Winston & Strawn, LLP. Defendant Mellon Bank (DE) National Association (hereafter “Mellon”) was represented by Frederick L. McKnight, Ricky L. Shackel-ford and Reed Aljian of Jones, Day, Reavis & Pogue.
On June 10, 2003, the Court met with counsel to discuss the Final Pretrial Conference Order (hereafter “FPTO”), witness and exhibit lists and stipulation of exhibits offered at trial. Pursuant to the Pretrial Conference, counsel and parties confirmed their jury trial waiver and a FPTO was issued. Court and counsel agreed that the court trial would be conducted intermittently over several days in June and July to accommodate the previously set schedule of the Court.