West Pacific Electric Company Corporation v. Dragados/Flatiron, et al.

Filing 123

ORDER AMENDING PRE-TRIAL ORDER signed by District Judge Jennifer L. Thurston on January 26, 2023. The February 22, 2023 bench trial on Phase 1A is VACATED. Bench Trial Phase 1A and Phase 1B issues set for Tuesday, 4/18/2023 at 08:00 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston.(Munoz, I)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT E. COYLE FEDERAL COURTHOUSE

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WEST PACIFIC ELECTRIC
COMPANY CORPORATION,
Plaintiff,

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v.
DRAGADOS/FLATIRON, a joint
venture; LIBERTY MUTUAL
INSURANCE COMPANY, a
Massachusetts corporation;
FIDELITY AND DEPOSIT
COMPANY OF MARYLAND, a
Maryland corporation; ZURICH
AMERICAN INSURANCE
COMPANY, a New York
corporation; THE CONTINENTAL
INSURANCE COMPANY, a
Pennsylvania corporation; XL
SPECIALTY INSURANCE
COMPANY, a Delaware corporation;
THE INSURANCE COMPANY OF
THE STATE OF PENNSYLVANIA,
a Pennsylvania corporation;
AMERICAN HOME ASSURANCE
COMPANY, a New York
corporation; NATIONAL
INDEMNITY COMPANY, a
Nebraska corporation; TRAVELERS
CASUALTY AND SURETY
COMPANY OF AMERICA, a
Connecticut corporation; FEDERAL
INSURANCE COMPANY, an
Indiana corporation,

CASE NO: 1:18-CV-00166-LJO-BAM
[PROPOSED] ORDER AMENDING
PRE-TRIAL ORDER
Assigned to:
Hon. Jennifer L. Thurston, Courtroom 6
Hon. Barbara A. McAuliffe, Courtroom 8
Complaint Filed: January 30, 2018
Trial Date:
May 24, 2022

Defendants.
1:18-CV-00166-LJO-BAM

[PROPOSED] ORDER AMENDING PRETRIAL ORDER

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This matter comes on the joint stipulation and request of Dragados Flatiron

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JV (and its sureties) and West Pacific Electric Company Corporation

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(collectively, the “Parties”) to amend the Pretrial Order that was entered by the

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Court on January 6, 2023 (“PTO”). Dkt. 121. Based on the joint stipulation of

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the Parties and finding good cause to prevent manifest injustice appearing, the

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Court hereby orders that the PTO be amended in the following respects:

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1.

The February 22, 2023 bench trial on Phase 1A is VACATED.

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2.

With the parties agreeing to waive jury, the bench trial of the Phase

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1A and Phase 1B issues will proceed as a five court day bench trial commencing

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April 18, 2023 and ending April 22, 2023.1
3.

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Counsel are advised that unless otherwise ordered by the Court, the

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Court’s typical trial day will run from 8 a.m. through 1:30 p.m., with no lunch

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break but with two extended rest breaks. Counsel SHALL schedule their

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witnesses to avoid waste of time.
4.

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The exhibit exchange deadline stated in PTO Section L(3) is moved

from January 25, 2023 to March 20, 2023.
5.

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The exhibit binder deadline stated in PTO Section L(13) is moved

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from February 16, 2023 to no later than 4:00 p.m., on Tuesday, April 11, 2023.

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Except as amended by this order, the PTO shall control the subsequent course of

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this action.

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IT IS SO ORDERED.
Dated:

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January 26, 2023

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FINCH, THORNTON &
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121
[phone]

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Previously, the trial was scheduled to commence April 17, 2023. Due to a change in the
Court’s criminal calendar schedule, all trials before the undersigned now commence on
Tuesdays.
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1:18-CV-00166-LJO-BAM