Appel

I. Introduction

19 At the hearing and pretrial conference on October 27, 2021, Plaintiffs Howard 20 Appel, David Cohen, and Ke’e Partners, LLC (“Ke’e”) and Defendant Boston National 21 Title Agency, LLC (“Boston National”) (collectively, the “Parties”) agreed to bifurcate the 22 proceedings, allowing the Court to determine certain legal issues (Phase I) in advance of a 23 jury trial (Phase II). See ECF No. 161 (Tr. of Proceedings on Nov. 30, 2011) at 9-12. 24 Pursuant to that agreement, the parties submitted written briefing. ECF Nos. 162, 164, 166. 25 Although there are numerous legal issues in the case, the Parties’ briefing focused on one 26 issue in particular: Whether the release provision in the Bidder Agreement bars Plaintiffs’ 27 28 claims in this case. The Court thereafter heard argument on March 10, 2022. See ECF No. 178 (Tr. of Proceedings on Mar. 10, 2022). The hearing was not an evidentiary hearing involving witness testimony or the introduction of exhibits, but instead was akin to argument on a motion. Id. This case was transferred to the undersigned on June 24, 2022. ECF No. 178. The undersigned has reviewed the relevant…