The Standard Fire Insurance Company, et al. v. R.V. Peddler, Inc.

Filing 9

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 2/18/2015. Pleading Amendment Deadline 5/29/2015. Discovery Deadlines: Initial Disclosures 3/20/2015; Non-Expert 8/14/2015; Expert 12/18/2015. Mid-Discovery Status Conference set for 6/30/2015 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 1/8/2016; Hearing by 2/5/2016. Dispositive Motion Deadlines: Defendant's Filing by 2/19 /2016; Plaintiffs' Opposition/Countermotion by 3/18/2016; Defendant's Opposition/Reply by 4/15/2016; Plaintiffs' Reply by 5/13/2016; Hearing no later than 6/10/2016. Pretrial Conference set for 7/14/2016 at 10:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 8/23/2016 at 08:30 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

THE STANDARD FIRE INSURANCE
)
COMPANY and THE TRAVELERS
)
COMMERICAL INSURANCE COMPANY, )
)
Plaintiffs,
)
v.
)
)
R.V. PEDDLER, INC and DOES 1-50,
)
inclusive
)
)
Defendants.
)
)

1:14-CV-01726 JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Pleading Amendment Deadline: 5/29/2015
Discovery Deadlines:
Initial Disclosures: 3/20/2015
Non-Expert: 8/14/2015
Expert: 12/18/2015
Mid-Discovery Status Conference:
6/30/2015 at 9:00 a.m.

18
Non-Dispositive Motion Deadlines:
Filing: 1/8/2016
Hearing: 2/5/2016

19
20
21

Dispositive Motion Deadlines:
Defendant’s Filing: 2/19/2016
Plaintiffs’ Opposition/Countermotion:
3/18/2016
Defendants’ Opposition/Reply: 4/15/16
Plaintiffs’ Reply: 5/13/16
Hearing: 6/10/2016, 9:00 a.m.

22
23
24
25
26

Pretrial Conference: 7/14/2016, 10:30 a.m.

27

Trial: 8/23/2016 at 8:30 a.m.
510 19th Street, Bakersfield, CA
Jury trial: 3-4 days

28
1

1

I.

February 17, 2015.

2
3

Date of Scheduling Conference

II.

Appearances of Counsel

4

Daniel Schmaeling appeared on behalf of Plaintiff.

5

Robert Bassett appeared on behalf of Defendant.

6

III.

Pleading Amendment Deadline
Any requested pleading amendments are ordered to be filed, either through a stipulation or

7
8

motion to amend, no later than May 29, 2015.

9

IV.

10
11
12
13
14

Discovery Plan and Cut-Off Date
The parties are ordered to exchange the initial disclosures required by Fed. R. Civ. P. 26(a)(1)

on or before March 20, 2015.
The parties are ordered to complete all discovery pertaining to non-experts on or before August
14, 2015, and all discovery pertaining to experts on or before December 18, 2015.
The plaintiffs are directed to disclose all expert witnesses, in writing, on or before September

15

15, 2015. Defendant will disclose its experts on or before October 15, 2015 and plaintiffs will disclose

16

any rebuttal experts by November 13, 2015. The written designation of retained and non-retained

17

experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) and shall include

18

all information required thereunder. Failure to designate experts in compliance with this order may

19

result in the Court excluding the testimony or other evidence offered through such experts that are not

20

disclosed pursuant to this order.

21

The written designation of retained and non-retained experts shall be made pursuant to Fed. R.

22

Civ. P. 26(a)(2), (A), (B), and (C) and shall include all information required thereunder. Failure to

23

designate experts in compliance with this order may result in the Court excluding the testimony or other

24

evidence offered through such experts that are not disclosed pursuant to this order.

25

The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts

26

and their opinions. Experts must be fully prepared to be examined on all subjects and opinions

27

included in the designation. Failure to comply will result in the imposition of sanctions, which may

28

include striking the expert designation and preclusion of expert testimony.
2

The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement

1
2

disclosures and responses to discovery requests will be strictly enforced.
A mid-discovery status conference is scheduled for June 30, 2015, at 9:00 a.m. before the

3
4

Honorable Jennifer L. Thurston, United States Magistrate Judge, at the United States District

5

Courthouse located at 510 19th Street, Bakersfield, California. A Joint Mid-Discovery Status

6

Conference Report, carefully prepared and executed by all counsel, shall be electronically filed in

7

CM/ECF, one full week prior to the Conference and shall be e-mailed, in Word format to,

8

[e-mail]. The status report SHALL detail the discovery efforts made to date and

9

that which remains to complete and whether there is any impediment to completing discovery within

10

the deadlines set forth in this order. In the event that discovery is proceeding appropriately and there

11

are no outstanding issues to discuss, the Court may vacate the hearing. However, if the hearing

12

proceeds, counsel may appear via the CourtCall service, provided a written request to so appear is made

13

to the Magistrate Judge's Courtroom Clerk no later than five court days before the noticed hearing date.

14

V.

15

Pre-Trial Motion Schedule
All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later

16

than January 8, 2016, and heard on or before February 5, 2016. Non-dispositive motions are heard at

17

9:00 a.m. at the United States District Courthouse in Bakersfield, California.

18

No written discovery motions shall be filed without the prior approval of the assigned

19

Magistrate Judge. A party with a discovery dispute must first confer with the opposing party in a good

20

faith effort to resolve by agreement the issues in dispute. If that good faith effort is unsuccessful, the

21

moving party promptly shall seek a telephonic hearing with all involved parties and the Magistrate

22

Judge. It shall be the obligation of the moving party to arrange and originate the conference call to the

23

court. To schedule this telephonic hearing, the parties are ordered to contact Courtroom Deputy Clerk,

24

Susan Hall at [phone] or via email at [e-mail]. Counsel must comply with

25

Local Rule 251 with respect to discovery disputes or the motion will be denied without prejudice

26

and dropped from calendar.

27
28

In scheduling such motions, the Magistrate Judge may grant applications for an order shortening
time pursuant to Local Rule 144(e). However, if counsel does not obtain an order shortening time, the
3

1

notice of motion must comply with Local Rule 251.
Counsel may appear and argue non-dispositive motions via the CourtCall service, provided a

2
3

written request to so appear is made to the Magistrate Judge's Courtroom Clerk no later than five court

4

days before the noticed hearing date.
The parties anticipate that legal issues may be resolved through cross motions for summary

5
6

judgment. Therefore, Defendant’s motions shall be filed no later than February 19, 2016. Plaintiffs’

7

opposition and their cross motion shall be filed no later than March 18, 2016. Defendant’s opposition

8

to Plaintiffs’ motion and Defendant’s reply shall be filed no later than April 15, 2016. Plaintiff’s reply

9

shall be filed no later than May 13, 2016. The motions will be heard no later than June 10, 2016 at

10

9:00 a.m. In scheduling such motions, counsel shall comply with Fed. R. Civ. P. 56 and Local Rules

11

230 and 260.

12

VI.

13

Motions for Summary Judgment or Summary Adjudication
At least 21 days before filing a motion for summary judgment/adjudication or a cross

14

motion, the parties are ORDERED to meet, in person or by telephone, to confer about the issues

15

to be raised in the motion.

16

The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment

17

where a question of fact exists; 2) determine whether the respondent agrees that the motion has

18

merit in whole or in part; 3) discuss whether issues can be resolved without the necessity of

19

briefing; 4) narrow the issues for review by the court; 5) explore the possibility of settlement

20

before the parties incur the expense of briefing a summary judgment motion; 6) to arrive at a

21

joint statement of undisputed facts.

22

The moving party shall initiate the meeting and SHALL provide a complete, proposed

23

statement of undisputed facts at least five days before the conference. The finalized joint

24

statement of undisputed facts SHALL include all facts that the parties agree, for purposes of the

25

motion, may be deemed true. In addition to the requirements of Local Rule 260, the moving

26

party shall file the joint statement of undisputed facts.

27
28

In the notice of motion the moving party shall certify that the parties have met and conferred as
ordered above, or set forth a statement of good cause for the failure to meet and confer.
4

1

VII.

Pre-Trial Conference Date
July 14, 2016, at 10:30 a.m. at the United States District Courthouse in Bakersfield,

2
3

California before the Honorable Jennifer L. Thurston, United States Magistrate Judge.

4

The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2). The

5

parties are further directed to submit a digital copy of their pretrial statement in Word format,

6

directly to Judge Thurston’s chambers, by email at [e-mail].
Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the

7
8

Eastern District of California, as to the obligations of counsel in preparing for the pre-trial

9

conference. The Court will insist upon strict compliance with those rules. In addition to the

10

matters set forth in the Local Rules the Joint Pretrial Statement shall include a Joint Statement of

11

the case to be used by the Court to explain the nature of the case to the jury during voir dire.

12

VIII. Trial Date
August 23, 2016, at 8:30 a.m. at the United States District Courthouse in Bakersfield,

13
14

California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge.

15

A.

This is a jury trial.

16

B.

Counsels' Estimate of Trial Time: 3-4 days.

17

C.

Counsels' attention is directed to Local Rules of Practice for the Eastern District of

18

California, Rule 285.

19

IX.

Settlement Conference
If the parties believe the matter is in a settlement posture and desire a conference, they may file

20
21

a joint request that the Court schedule a settlement conference.

22

X.

Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten

23

Trial

24

Not applicable at this time.

25

XI.

There are no pending related matters.

26
27
28

Related Matters Pending

XII.

Compliance with Federal Procedure
All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure
5

1

and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any

2

amendments thereto. The Court must insist upon compliance with these Rules to efficiently handle its

3

increasing case load, and sanctions will be imposed for failure to follow both the Federal Rules of Civil

4

Procedure and the Local Rules of Practice for the Eastern District of California.

5

XIII. Effect of this Order

6

The foregoing order represents the best estimate of the court and counsel as to the agenda most

7

suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the

8

parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered

9

to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by

10
11

subsequent status conference.
The dates set in this Order are considered to be firm and will not be modified absent a

12

showing of good cause even if the request to modify is made by stipulation. Stipulations

13

extending the deadlines contained herein will not be considered unless they are accompanied by

14

affidavits or declarations, and where appropriate attached exhibits, which establish good cause

15

for granting the relief requested.

16

Failure to comply with this order may result in the imposition of sanctions.

17
18
19
20

IT IS SO ORDERED.
Dated:

February 18, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

21
22
23
24
25
26
27
28
6