Wells Fargo Bank v. Dax

(specially concurring).

I concur in the result.

Notice of date and time of a trial hearing is a matter of grave concern to parties in litigation. To deny a hearing on the merits without good reason defies what we commonly refer to as justice and fair play. This case is one of first impression, one that requires circumspection in dealing with a rule which requires district courts to place an action upon the trial calendar.

Rule 18(c)(6) of the Rules of the Second Judicial District reads:

Requests for settings for trial alone may be sent directly to the assigned Judge who will make the setting. The…