doubtful; no motion for a continuance has been filed in connection with this motion; for a postponement "good cause" must be shown; this is still in the discovery process, but I cannot evaluate because I cannot read the motion.
Moving the trial into 2007 is a very likely scenario.
The court actually stated in the recent "opinion" (denying Tercica's request to advance the trial date) that "the case is triple set and is not the oldest civil case set on November 6, 2006. Further, a criminal case could displace it. For a date certain, the parties should consider consenting to a magistrate judge to preside over the jury trial."
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