Britz Fertilizers, Inc. v. Nationwide Agribusiness Insurance Company
Filing
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ORDER Re STIPULATION for a New Trial Date and Related Dates, signed by District Judge Anthony W. Ishii on 6/23/2015. (Trial Confirmation/Motions In Limine Hearing previously set for 7/27/2015, has been CONTINUED to 2/8/2016, at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Jury Trial previously set for 8/11/2015, has been CONTINUED to 2/23/2016, at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii.) (Gaumnitz, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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BRITZ FERTILIZERS, INC.,
Plaintiff,
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v.
NATIONWIDE AGRIBUSINESS
INSURANCE COMPANY,
Defendant.
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Case No. 1:10:CV-02051-AWI-MJS
ORDER RE STIPULATION FOR
A NEW TRIAL DATE AND
RELATED DATES
Old Trial Date:
New Trial Date:
Time:
Place:
Judge:
August 11, 2015
February 23, 2016
8:30 am.
Courtroom 2
Hon. Anthony W. Ishii
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On June 23, 2015, the parties filed a stipulation and request for continuation of
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the scheduled trial date in this matter to allow for mediation. The Court will grant the
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parties request with the modifications of briefing schedule made herein.
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The New Trial Date is February 23, 2016, and the Trial Confirmation/Motions In
Limine Hearing will be set for February 8, 2016 at 1:30 p.m.
Further as to briefing schedule for the Motions in Limine:
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1)
Each party shall file and serve Motions in Limine by 4:00 P.M. on January
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5, 2016.
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2)
Oppositions are to be filed and served by 4:00 P.M. on January 19, 2016.
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3)
Replies are to be filed and served by January 26, 2016.
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In addition, the following deadlines will apply:
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(1) in accordance with Section X of the June 19, 2015 Pretrial Order, Nationwide
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is authorized to file a pretrial motion to order the trial and a motion for preference as to
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the causation issue. Those motions must be filed by January 12, 2016. Any Opposition
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or statement of non-opposition must be filed by January 26, 2016. Any Reply must be
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filed by February 2, 2016. Further, pursuant to Section XV of the Pretrial Order, if any
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party seeks to have the trial proceed in a manner different than the court’s standard
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practice as set forth in section XV of the June 19, 2015 Pretrial Order, Doc 138, they
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may file a motion using the same timeline;
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(2) in accordance with Section XX(A) of the June 19, 2015 Pretrial Order, the
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parties shall file and serve their final list of witnesses by Thursday, February 18, 2016.
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Additionally, at that time the parties shall disclose the order of witnesses so that the
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parties will be prepared for cross-examination;
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(3) the parties may file and serve trial briefs by Thursday January 28, 2016. Any
responding brief shall be filed by Wednesday February 3;
(4) in accordance with section XX(C) of the June 19, 2015 Pretrial Order, the
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parties shall deliver the required exhibit binders to Courtroom Clerk Renee Gaumnitz
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by Thursday, February 18;
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(5) in accordance with section XX(D) of the Pretrial Order, each party shall file
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and serve a list of all discovery documents the party intends to use at trial by February
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18, 2016. If the discovery document has not previously been lodged with the Clerk, the
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party shall so lodge the document by February 18, 2016;
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(6) in accordance with section XX(G) of the Pretrial Order, the parties are
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required to lodge a copy of any videotape they wish to use, along with a copy of any
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written transcript that is available, by 4:00 P.M., on Thursday February 18, 2016;
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(7) in accordance with section XX(I) of the Pretrial Order, proposed jury
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instructions shall be filed and served on February 2, 2016. The parties are ordered to
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confer after the February 9, 2016 hearing regarding the motions in limine to determine
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which instructions they agree should be given. If any disputes remain after resolution of
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the motions in limine, the parties are directed to identify for the court the specific
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objections which exists as to each disputed instruction by Monday, February 15, 2016;
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(8) in accordance with section XX(J) of the Pretrial Order, the parties shall file
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and serve proposed voir dire questions on Thursday, February 18, 2016, in addition to a
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list of all prospective witnesses, including rebuttal witnesses, that counsel reasonably
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expect to call;
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(9) in accordance with section XX(K) of the Pretrial Order, the parties shall lodge
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with the courtroom deputy a joint agreed summary of the case by Thursday, February
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18, 2016; and
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(10) at least seven days before trial the parties are required to file a joint
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statement listing all portions of depositions, answers to interrogatories, and responses to
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requests for admission that any party expects it may offer at trial. The joint statement
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will include objections interposed by any party to the admissibility of the designated
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discovery documents.
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IT IS SO ORDERED.
Dated: June 23, 2015
SENIOR DISTRICT JUDGE
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