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

Filing 96

ORDER SETTING Case Management Dates Through Trial, signed by Magistrate Judge Christopher D. Baker on 7/2/2024. Phase 2 discovery completed by 12/27/2024. Dispositive Motions filed by 2/7/2025; Opposition by 2/28/2025; Reply by 3/14/2025; Hearing to be set for 3/24/2025. Pretrial Conference set for 5/27/2025 at 10:00 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. Jury Trial set for 7/28/2025 at 08:30 AM in Bakersfield (CDB) before Magistrate Judge Christopher D. Baker. (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,

Case No. 1:20-cv-00967-CDB
ORDER SETTING CASE MANAGEMENT
DATES THROUGH TRIAL

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Plaintiffs,
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v.
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KINSALE INSURANCE COMPANY,
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Defendant,
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TRC OPERATING COMPANY, INC.
and TRC CYPRESS GROUP, LLC.,

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Real Parties in Interest.
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Upon stipulation by the Parties, the Court adopted a two-phase briefing schedule for the

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parties’ motions for summary judgment. (Doc. 79). The first phase involved summary judgment

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motions addressing only the question of whether Defendant Kinsale Insurance Company

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(“Kinsale”) has a duty to defend the real parties in interest in a state court suit captioned TRC

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Operating Co. v. Chevron, Kern County, Case No. S-1500-CV-282520 DRL (the “Underlying

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Lawsuit”) (“Phase 1”). See (Docs. 78-1, 79). On June 10, 2024, the Court issued an order

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granting Plaintiffs’ motions for partial summary judgment and denying Kinsale’s motion for

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summary judgment. (Doc. 94).

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The Court found that Kinsale has a duty to defend the real parties in interest. In addition,

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the Court ordered the parties to file a joint report proposing a discovery and briefing schedule for

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motions addressing any disputes over allocation issues as well as any motion filed by Defendant

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seeking to terminate its’ duty to defend (“Phase 2”). (Doc. 94 p. 17; Doc. 78 p. 4).
Pending before the Court is the parties’ stipulated request to set scheduling deadlines for

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the remaining Phase 2 issues. (Doc. 95). For good cause shown, the Court sets the following

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case management dates as modified:

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1. Discovery concerning Phase 2 issues commencement: July 2, 2024.

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2. Deadline to complete alternative dispute resolution/mediation: October 29, 2024.

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3. Deadline to complete discovery and subpoenas to third parties: December 27, 2024.

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4. Deadline for meet and confer regarding Phase 2 trial proceedings and fact stipulations for

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dispositive motions: January 10, 2025.
5. Deadline for filing opening dispositive motions concerning Phase 2 issues: February 7,
2025.

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6. Deadline for opposition memorandum: February 28, 2025.

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7. Deadline for reply memorandum: March 14, 2025.

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8. Hearing on dispositive motions: March 24, 2025, at 10:30 a.m.

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9. Pre-trial conference: May 27, 2025, at 10:00 a.m.

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10. Trial: July 28, 2025, at 8:30 a.m. (estimated 2-3 days).

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IT IS SO ORDERED.
Dated:

July 2, 2024

___________________

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UNITED STATES MAGISTRATE JUDGE

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