Republic Services Incorporated et al v. Indian Harbor Insurance Company

Filing 92

ORDER granting (84) Uncontested Motion to Transfer Other Cases Pending in this District to a Single Judge. IT IS HEREBY ORDERED directing the Clerk of Court to transfer Indian Harbor Insurance Company v. Republic Services, Inc.; Allied Services, LLC , d/b/a Republic Services Of Bridgeton; and Bridgeton Landfill, LLC, Case No. CV 13-2642-PHX- SRB, and Indian Harbor Insurance Company v. Republic Services, Inc. and BFI Waste Systems of North America, LLC, Case No. CV 14-252-PHX-NVW, to this Court before the Honorable Stephen M. McNamee. The cases are transferred to this Court for pretrial proceedings only, leaving for future determination whether the cases will be consolidated for trial. IT IS FURTHER ORDERED that all documents concerning any of the named cases will be filed under the name of the lead case Republic Services, Inc., et al., v. Indian Harbor Ins. Co., No. CV 12-1979-PHX-SMM. IT IS FURTHER ORDERED granting the parties' stipulations to extend certain case management deadlines. (Docs. 87 , 90 .) Written discovery shall be served no later than 6/13/14. Dispositive Motions. Plaintiffs, collectively, and Defendant shall each file no more than one summary judgment motion per site. All summary judgment motions shall be filed and served by Friday, April 17, 2015. (See document for further details). Signed by Senior Judge Stephen M McNamee on 3/14/14. (Associated Cases: 2:12-cv-01979-SMM, 2:13-cv-02642-SRB, 2:14-cv-00252-NVW) (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Republic Services, Inc., et al.,

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Plaintiffs,

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vs.

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Indian Harbor Ins. Co.,

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Defendant.

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No. CV-12-1979-PHX-SMM
(Lead Case)
TRANSFER ORDER

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Indian Harbor Ins. Co.,

No. CV-13-2642-PHX-SRB

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Plaintiff,
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vs.
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Republic Services, Inc.; Allied Services,)
LLC, d/b/a Republic Services Of)
Bridgeton; and Bridgeton Landfill, LLC, )
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Defendants.
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Indian Harbor Ins. Co.,

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Plaintiff,
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vs.
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Republic Services, Inc. and BFI Waste)
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Systems of North America, LLC.,
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Defendants.
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No. CV-14-252-PHX-NVW

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Pending before the Court is the Uncontested Motion of Defendant Indian Harbor

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Insurance Company to Transfer Other Cases Pending in This District to a Single Judge. (Doc.

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84.) Also pending are the parties’ stipulations to extend certain case management deadlines.

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(Docs. 87, 90.)

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The parties state that the two cases requested for transfer and the case currently before

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this Court all involve substantially the same parties, and that transfer to a single Judge will

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help the parties in the three cases to coordinate and streamline certain discovery. The parties

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further state that they are only seeking a transfer at this time and not a trial consolidation.

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The Court will grant the uncontested motion to transfer. The Court will further grant

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the parties’ stipulations to extend certain case management deadlines.

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Accordingly,

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IT IS HEREBY ORDERED directing the Clerk of Court to transfer Indian Harbor

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Insurance Company v. Republic Services, Inc.; Allied Services, LLC, d/b/a Republic

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Services Of Bridgeton; and Bridgeton Landfill, LLC, Case No. CV 13-2642-PHX-SRB, and

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Indian Harbor Insurance Company v. Republic Services, Inc. and BFI Waste Systems of

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North America, LLC, Case No. CV 14-252-PHX-NVW, to this Court before the Honorable

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Stephen M. McNamee. (Doc. 84.) The cases are transferred to this Court for pretrial

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proceedings only, leaving for future determination whether the cases will be consolidated for

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trial.

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IT IS FURTHER ORDERED that all documents concerning any of the named cases

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will be filed under the name of the lead case Republic Services, Inc., et al., v. Indian Harbor

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Ins. Co., No. CV 12-1979-PHX-SMM.

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IT IS FURTHER ORDERED granting the parties’ stipulations to extend certain case
management deadlines. (Docs. 87, 90.)

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IT IS FURTHER ORDERED setting the following case management deadlines.

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Deposition Scheduling. The parties shall complete fact depositions relating to the

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Lee County and Middle Point sites as follows:

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1.

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the Middle Point site may commence immediately and shall be completed by Friday, June

Depositions of witnesses with knowledge pertinent solely to the Lee County site or

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13, 2014.

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2.

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Middle Point sites or other matters at issue in this action, as well as the Bridgeton and/or the

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Missouri City sites or matters at issue in those actions, may commence on May 23, 2014 and

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shall be completed by Friday, October 31, 2014. In all events, each such witness shall be

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deposed only once, with the deposition deemed as taken in all actions. A fourteen (14) hour

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deposition time limit shall apply to each such deposition.

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Depositions of witnesses with knowledge pertinent to either of the Lee County or

Written Discovery Schedule. The parties shall complete written discovery as to the
Lee County and Middle Point sites as follows.

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3.

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however, that the parties may serve additional written discovery requests (subject to the

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limits in Fed.R.Civ.P. 33, 34, and 36) after June 13, 2014 but no later than Friday, October

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31, 2014 for good cause, including, but not limited to, discovery of documents or information

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that was not previously requested but was identified by any witness deposed between June

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13, 2014 and October 31, 2014. Requests for admissions concerning the authenticity and/or

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admissibility of documents may be served no later than Friday, December 5, 2014.

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Written discovery shall be served no later than Friday, June 13, 2014; provided,

Expert and Other Scheduling. Additional deadlines relating to this matter are as

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follows:

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4.

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action shall be filed by Friday, September 26, 2014.

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5.

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Point sites, or any of the claims otherwise asserted in this action, shall be conducted on the

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following schedule:

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Motions for consolidation, severance, bifurcation or other structural changes to this

Expert witness disclosures and depositions relating to the Lee County and Middle

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Republic’s expert witness disclosures, including expert reports pursuant to

Fed.R.Civ.P. 26, shall be served by Friday, December 5, 2014;
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Indian Harbor’s expert witness disclosures, including expert reports pursuant

to F.R.Civ.P. 26, shall be served by Friday, January 16, 2015;
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Any rebuttal expert disclosures and related Fed.R.Civ.P. 26 reports shall be

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served by Friday, February 20, 2015;

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d.

Expert depositions shall be completed by Friday, March 27, 2015.

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6.

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than one summary judgment motion per site. All summary judgment motions shall be filed

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and served by Friday, April 17, 2015.

Dispositive Motions. Plaintiffs, collectively, and Defendant shall each file no more

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IT IS FURTHER ORDERED that all parties have reserved their rights on the

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question of whether to later seek and/or oppose trial consolidation or severance of one or

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more sites or actions. Accordingly, scheduling and motions relating to the exclusion of

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expert witnesses or expert testimony is deferred for the Court’s later scheduling.

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IT IS FURTHER ORDERED that, if no dispositive motions are pending before the

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Court after the dispositive motions deadline has passed, Plaintiff(s) shall file a Notice of

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Readiness for Order Re: Final Pretrial Conference within ten (10) days of the dispositive

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motions deadline.

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IT IS FURTHER ORDERED that, if dispositive motions are pending before the

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Court following the dispositive motions deadline, the Court will issue an Order Re: Final

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Pretrial Conference following its resolution of the dispositive motions, if necessary.

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IT IS FURTHER ORDERED that the Order Re: Final Pretrial Conference shall: 1)

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set deadlines for the filing of and response to motions in limine; 2) instruct the parties on

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their duties in preparing for the Final Pretrial Conference and for trial; and 3) include a form

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for the completion of the parties’ Proposed Pretrial Form of Order.

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IT IS FURTHER ORDERED that the parties shall keep the Court informed

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regarding the possibility of settlement and should settlement be reached, the parties shall file

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a Notice of Settlement with the Clerk of the Court.

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DATED this 14th day of March, 2014.

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