Travelers Property Casualty Company of America et al v. KB Home North Bay, Inc. et al

Filing 19

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 8/12/15 ORDERING that the Status (Pretrial Scheduling) Conference scheduled for 8/17/2015 is hereby VACATED. Parties shall serve initial disclosures no later than 9/15/2 015. Designation of Expert Witnesses due by 8/8/2016, and rebuttal expert disclosure due by 9/6/2016. All discovery shall be completed by 10/28/2016. All motions to compel discovery must be noticed on the magistrate judge's calendar, to be heard not later than 10/28/2016. All motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 12/2/2016. The Final Pretrial Conference is SET for 2/13/2017 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial is SET for 4/4/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRAVELERS INDEMNITY COMPANY
OF CONNECTICUT, a Connecticut
corporation, FIDELITY &
GUARANTY INSURANCE COMPANY,
an IOWA corporation,
Plaintiffs,

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NO. CIV. 1:15-00481 WBS EFB

v.
KB HOME NORTH BAY, INC., a
California corporation; and
DOES 1 through 10, 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 August 17, 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).

See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604

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III. JURISDICTION/VENUE

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Jurisdiction is predicated upon 28 U.S.C. § 1332

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because diversity of citizenship exists between the parties and

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the amount in controversy exceeds the sum of $75,000.00.

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is undisputed and is hereby found to be proper.

Venue

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IV.

DISCOVERY

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Parties shall serve initial disclosures required by

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Federal Rule of Civil Procedure 26(a)(1) by no later than

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September 15, 2015.

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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 August 8, 2016.

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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 September 6, 2016.

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With regard to expert testimony

All discovery, including depositions for preservation

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of testimony and expert discovery, is left open, save and except

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that it shall be so conducted as to be completed by October 28,

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2016.

The word “completed” means that all discovery shall have
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been conducted so that all depositions have been taken and any

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disputes relevant to discovery shall have been resolved by

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appropriate order if necessary and, where discovery has been

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ordered, the order has been obeyed.

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discovery must be noticed on the magistrate judge’s calendar in

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accordance with the local rules of this court and so that such

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motions may be heard (and any resulting orders obeyed) not later

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than October 28, 2016.

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V.

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All motions to compel

MOTION HEARING SCHEDULE

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 December 2, 2016.

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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 13,

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2017, 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

Counsel shall file separate pretrial statements,

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In addition to

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provide the court with: (1) a plain, concise statement which

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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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Plaintiffs have requested a trial by jury.

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trial is set for April 4, 2017 at 9:00 a.m.

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The jury

The parties estimate

that the trial will take thirteen to fifteen 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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At least

If the settlement

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Statements shall not be filed and will not otherwise be disclosed

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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:

August 12, 2015

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