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Jayhawk Capital Management v. LSB Industries

2011 WL 1626581, Case No. 08-2561-EFM (2011)

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Jayhawk Capital Management v. LSB Industries

United States District Court for the District of Kansas

2011 WL 1626581, Case No. 08-2561-EFM (2011)

Facts

LSB Industries, Inc. (LSB) (defendant) sought a brief continuance of a trial setting in Kansas City because one of its attorneys, Bryan Erman, and his wife were expecting the birth of their first child in Dallas. Jayhawk Capital Management, LLC (Jayhawk) (plaintiff) objected to the continuance. Jayhawk argued that LSB’s counsel would have known of the anticipated birth several months earlier and could have raised the matter at the pretrial conference. Jayhawk also pointed out that five attorneys from two different firms had appeared for LSB and noted the number of daily, nonstop flights between Kansas City and Dallas, arguing that Erman would have sufficient time to make it to Dallas for the birth without prejudice to LSB if the trial proceeded as scheduled.

Rule of Law

Issue

Holding and Reasoning (Melgren, J.)

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