A federal judge surprised lawyers on both sides late Monday by postponing the first trial of the Scott Rothstein fraud saga just one day before it was scheduled to start.

U.S. District Judge Marcia Cooke in Miami postponed Coquina Investments’ civil fraud trial against TD Bank for a week and referred the case to mediation before U.S. Magistrate Judge Jonathan Goodman. If mediation fails as expected, the trial would begin Nov. 1.