On 4 December Judge Oing could either set a trial date or ask the parties to first go away and see if they can reach an out of court settlement.
If he sets a trial date that will obviously be for a bench trial as is stated in unequivocal terms in the MOU and would be beyond argument. The judge did not address the question of a trial raised orally by Mr Occhipinti after he had given his judgement as that did not form a part of the summary judgement argument.
The only circumstance that a jury trial could be held would be if Occhipinti were to waive his right to a bench trial although it is inconceivable as to why he would do so. The only possible reason I could think of would be his knowing that the cost would exceed a bench trial and financially embarrass the limited (non-existent?) financial resources of Empire. Occhipinty is fully aware of Batista's capacity to act the show pony and play fast and loose with the facts before an unsophisticated and easily confused jury.
judge oing has a right to decide whether a trial or not
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