St. Paul Fire and Marine Insurance Company v. Kinsale Insurance Company

Filing 67

ORDER SETTING Limited Discovery and Dispositive Motion Briefing Schedule 66 , signed by Magistrate Judge Christopher D. Baker on 3/27/2023. Non-Dispositive Motions filed by 7/25/2023. Joint statement of undisputed facts due by 8/15/2023. Dispositive Motions filed by 9/7/2023; Opposition by 9/28/2023; Reply due by 10/12/2023. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ST PAUL FIRE AND MARINE
INSURANCE COMPANY, and NEW
YORK MARINE AND GENERAL
INSURANCE COMPANY,

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Plaintiffs,
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Case No. 1:20-cv-00967-JLT-CDB
ORDER SETTING LIMITED
DISCOVERY AND DISPOSITIVE
MOTION BRIEFING SCHEDULE
(ECF No. 66)

v.
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KINSALE INSURANCE COMPANY,
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Defendant.
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TRC OPERATING COMPANY, INC.,
TRC CYPRESS GROUP, LLC.
Real Parties in Interest

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On March 10, 2023, the Court issued an Order Granting in Part Plaintiffs’ Motions to

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Lift Stay. (ECF No. 65). In addition, the Court ordered the parties to file a joint report

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proposing a schedule to take and complete discovery on the limited question as to whether ad

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the extent to which Defendant owes a duty to defend the Real Parties in Interest. (Id. at 7).

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Pending before the Court is the parties’ joint report, filed March 24, 2023 (ECF No.

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66), in which the parties agree that two issues will be the subject of the limited discovery and

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dispositive motions for which the previously entered stay has been lifted. The first issue is

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whether Defendant owes a duty to defend under the insurance policy issued to the Real Parties

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in Interest in the case TRC Operating Co., et al., v. Chevron U.S.A., Inc., Case No. S-1500-CV-

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282520 DRL. To the extent Defendant does owe the Real Parties in Interest a duty to defend,

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the second issue subject to anticipated discovery is the allocation of the defense fees between

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Defendant and Plaintiffs.

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Based on the parties’ representations in their joint report, it is HEREBY ORDERED

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that the following schedule will govern limited discovery and dispositive motions on the two

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issues outlined above:

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Discovery Schedule:

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1. The parties shall submit written discovery and subpoenas to third parties by June 25,

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2023.

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2. The parties shall complete depositions by July 25, 2023.

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3. All discovery-related motions shall be filed by July 25, 2023.

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Briefing Schedule:

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1. The parties shall meet and confer no later than August 8, 2023, to discuss the topics

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set forth in Paragraph D(1) of the joint report. (ECF No. 66, p. 3).

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2. No later than August 15, 2023, the parties shall file a joint statement of undisputed

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material facts.

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3. The parties shall file any dispositive motions no later than September 7, 2023.

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4. Any opposition to a dispositive motion shall be filed within 21 days from the date that

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the dispositive motion was filed, and in no event later than September 28, 2023.

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5. Any reply shall be filed within 14 days of the opposition filing, and in no event later

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than October 12, 2023.

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Alternatively, the parties may file an earlier partial summary judgment motion solely on

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the issue of whether Defendant owes a duty to defend. If the Court rules that Defendant owes a

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duty to defend, the parties shall meet and confer and, upon mutual agreement, may mediate the

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issue of allocation. Before any partial summary judgment motion solely on the existence of a

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duty to defend is filed, the parties shall meet and confer and file a stipulation setting forth a

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briefing schedule and hearing date for the partial summary judgment motion.

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IT IS SO ORDERED.

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Dated:

March 27, 2023

___________________

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UNITED STATES MAGISTRATE JUDGE

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