Dutra v. Allstate Insurance Company
Filing
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STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 1/27/15: Discovery due by 9/30/2015. Dispositive Motions filed by 11/30/2015. Final Pretrial Conference set for 2/16/2016 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Jury Trial set for 4/19/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ALLEN M. DUTRA, as Trustee
for the Estate of David Carl
Biggs,
Plaintiff,
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NO. CIV. 1:14-1304 WBS JLT
v.
ALLSTATE INSURANCE COMPANY,
and DOES 1 through 50,
inclusive,
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Defendants.
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STATUS (PRETRIAL SCHEDULING) ORDER
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After reviewing the parties’ Joint Status Report, the
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court hereby vacates the Status (Pretrial Scheduling) Conference
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scheduled for February 2, 2015, and makes the following findings
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and orders without needing to consult with the parties any
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further.
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I.
SERVICE OF PROCESS
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All named defendants have been served, and no further
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service is permitted without leave of court, good cause having
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been shown under Federal Rule of Civil Procedure 16(b).
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II.
JOINDER OF PARTIES/AMENDMENTS
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No further joinder of parties or amendments to
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pleadings will be permitted except with leave of court, good
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cause having been shown under Federal Rule of Civil Procedure
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16(b).
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(9th Cir. 1992).
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See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604
III. JURISDICTION/VENUE
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Jurisdiction is predicated upon diversity jurisdiction,
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28 U.S.C. § 1332, because plaintiff and defendant are citizens of
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different states and the amount in controversy exceeds $75,000.
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The court has supplemental jurisdiction over plaintiff’s state
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law claims pursuant to 28 U.S.C. § 1367.
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is hereby found to be proper under 28 U.S.C. § 1441(a).
Venue is undisputed and
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IV.
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The parties state they met and conferred and exchanged
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DISCOVERY
initial disclosures on October 14, 2014.
The parties shall disclose experts and produce reports
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in accordance with Federal Rule of Civil Procedure 26(a)(2) by no
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later than June 30, 2015.
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intended solely for rebuttal, those experts shall be disclosed
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and reports produced in accordance with Federal Rule of Civil
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Procedure 26(a)(2) on or before July 31, 2015.
With regard to expert testimony
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All discovery, including depositions for preservation
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of testimony, is left open, save and except that it shall be so
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conducted as to be completed by September 30, 2015.
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“completed” means that all discovery shall have been conducted so
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The word
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that all depositions have been taken and any disputes relevant to
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discovery shall have been resolved by appropriate order if
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necessary and, where discovery has been ordered, the order has
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been obeyed.
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the magistrate judge’s calendar in accordance with the local
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rules of this court and so that such motions may be heard (and
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any resulting orders obeyed) not later than September 30, 2015.
All motions to compel discovery must be noticed on
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V.
MOTION HEARING SCHEDULE
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All motions, except motions for continuances, temporary
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restraining orders, or other emergency applications, shall be
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filed on or before November 30, 2015.
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noticed for the next available hearing date.
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cautioned to refer to the local rules regarding the requirements
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for noticing and opposing such motions on the court’s regularly
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scheduled law and motion calendar.
All motions shall be
Counsel are
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VI. FINAL PRETRIAL CONFERENCE
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The Final Pretrial Conference is set for February 16,
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2016, at 2:00 p.m. in Courtroom No. 5.
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attended by at least one of the attorneys who will conduct the
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trial for each of the parties and by any unrepresented parties.
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The conference shall be
Counsel for all parties are to be fully prepared for
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trial at the time of the Pretrial Conference, with no matters
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remaining to be accomplished except production of witnesses for
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oral testimony.
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and are referred to Local Rules 281 and 282 relating to the
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contents of and time for filing those statements.
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those subjects listed in Local Rule 281(b), the parties are to
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provide the court with: (1) a plain, concise statement which
Counsel shall file separate pretrial statements,
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In addition to
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identifies every non-discovery motion which has been made to the
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court, and its resolution; (2) a list of the remaining claims as
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against each defendant; and (3) the estimated number of trial
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days.
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In providing the plain, concise statements of
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undisputed facts and disputed factual issues contemplated by
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Local Rule 281(b)(3)-(4), the parties shall emphasize the claims
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that remain at issue, and any remaining affirmatively pled
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defenses thereto.
If the case is to be tried to a jury, the
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parties shall also prepare a succinct statement of the case,
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which is appropriate for the court to read to the jury.
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VII.
TRIAL SETTING
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The jury trial is set for April 19, 2016 at 9:00 a.m.
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The parties estimate that a jury trial will last ten to fifteen
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days.
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VIII.
SETTLEMENT CONFERENCE
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A Settlement Conference will be set at the time of the
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Pretrial Conference.
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the court whether they will stipulate to the trial judge acting
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as settlement judge and waive disqualification by virtue thereof.
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All parties should be prepared to advise
Counsel are instructed to have a principal with full
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settlement authority present at the Settlement Conference or to
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be fully authorized to settle the matter on any terms.
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seven calendar days before the Settlement Conference counsel for
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each party shall submit a confidential Settlement Conference
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Statement for review by the settlement judge.
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judge is not the trial judge, the Settlement Conference
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Statements shall not be filed and will not otherwise be disclosed
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At least
If the settlement
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to the trial judge.
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IX.
MODIFICATIONS TO SCHEDULING ORDER
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Any requests to modify the dates or terms of this
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Scheduling Order, except requests to change the date of the
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trial, may be heard and decided by the assigned Magistrate Judge.
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All requests to change the trial date shall be heard and decided
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only by the undersigned judge.
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Dated:
January 27, 2015
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