General Insurance Company of America v. Whirlpool Corporation

Filing 12

SCHEDULING ORDER, signed by Magistrate Judge Jennifer L. Thurston on 11/18/2021. Discovery Deadlines: Non-Expert 5/18/2022; Expert 7/29/2022. Mid-Discovery Status Conference set for 2/18/2022 at 08:30 AM in Bakersfield, 510 19th Street before Magis trate Judge Jennifer L. Thurston. Non-Dispositive Motion Deadlines: Filed by 8/12/2022; Hearing by 9/9/2022. Dispositive Motion Deadlines: Filed by 10/7/2022; Hearing by 11/4/2022. Pretrial Conference set for 12/16/2022 at 10:00 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Jury Trial set for 1/30/2023 at 08:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GENERAL INSURANCE COMPANY OF
AMERICA,

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Plaintiff,
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v.
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WHIRLPOOL CORPORATION,
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Defendant.
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Case No.: 1:21-CV-01306-JLT
SCHEDULING ORDER (Fed. R. Civ. P. 16)
Discovery Deadlines:
Initial Disclosures: 12/17/2021
Non-Expert: 5/18/2022
Expert: 7/29/2022
Mid-Discovery Status Conference:
2/18/2022 at 8:30 a.m.
Non-Dispositive Motion Deadlines:
Filing: 8/12/2022
Hearing: 9/9/2022

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Dispositive Motion Deadlines:
Filing: 10/7/2022
Hearing: 11/4/2022

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Pre-Trial Conference:
12/16/2022 at 10:00 a.m.
510 19th Street, Bakersfield, CA

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Trial: 1/30/2023 at 8:30 a.m.
510 19th Street, Bakersfield, CA

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I.

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 December 17, 2021.
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The parties are ordered to complete all discovery pertaining to non-experts on or before May 18,

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2022, and all discovery pertaining to experts on or before July 29, 2022.

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The parties are directed to disclose all expert witnesses, in writing, on or June 1, 2022, and to

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disclose all rebuttal experts on or before June 29, 2022. The written designation of retained and non-

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

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

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order may result in the Court excluding the testimony or other evidence offered through such experts

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that are not disclosed pursuant to this order.
The provisions of Fed. R. Civ. P. 26(b)(4) and (5) shall apply to all discovery relating to experts

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

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

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include striking the expert designation and preclusion of expert testimony.
The provisions of Fed. R. Civ. P. 26(e) regarding a party’s duty to timely supplement

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disclosures and responses to discovery requests will be strictly enforced.
A mid-discovery status conference is scheduled for February 18, 2022 at 8:30 a.m. before Judge

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Thurston at 510 19th Street, Bakersfield, California. Counsel SHALL file a joint mid-discovery status

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conference report one week before the conference. Counsel also SHALL lodge the status report via e-

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mail to [e-mail]. The joint statement SHALL outline the discovery counsel have

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completed and that which needs to be completed as well as any impediments to completing the

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discovery within the deadlines set forth in this order. Counsel SHALL discuss settlement and certify

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that they have done so. Counsel may appear via teleconference by dialing [phone] and entering

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Access Code 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written

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notice of the intent to appear telephonically no later than five court days before the noticed hearing

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date.

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II.

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

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than August 12, 20221, and heard on or before September 9, 2022. The Court hears non-dispositive

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motions at 9:00 a.m. at the United States District Courthouse in Bakersfield, California.
No motion to amend or stipulation to amend the case schedule will be entertained unless it

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is filed at least one week before the first deadline the parties wish to extend. Likewise, no written

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discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party

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with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by

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agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly

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shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the

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obligation of the moving party to arrange and originate the conference call to the court. To schedule

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this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at

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[phone] or via email at [e-mail]. At least three days before the conference,

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counsel SHALL file informal letter briefs detailing their positions. The briefs may not exceed 7 pages,

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excluding exhibits. Counsel must comply with Local Rule 251 with respect to discovery disputes or

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the motion will be denied without prejudice and dropped from the Court’s calendar.

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All dispositive pre-trial motions shall be filed no later than October 7, 2022, and heard no later

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than November 4, 2022, before the Honorable Jennifer L. Thurston, United States Magistrate Judge, at

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the United States District Courthouse in Bakersfield, California. In scheduling such motions, counsel

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shall comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260.

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III.

Motions for Summary Judgment or Summary Adjudication

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At least 21 days before filing a motion for summary judgment or motion for summary

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

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to be raised in the motion.

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

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question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole

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or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the

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Non-dispositive motions related to non-expert discovery SHALL be filed within a reasonable time of
discovery of the dispute, but in no event later than 30 days after the expiration of the non-expert discovery
deadline.

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issues for review by the court; 5) explore the possibility of settlement before the parties incur the

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expense of briefing a motion; and 6) to develop a joint statement of undisputed facts.
The moving party SHALL initiate the meeting and SHALL provide a complete, proposed

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

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undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be

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deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint

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statement of undisputed facts.
In the notice of motion the moving party SHALL certify that the parties have met and conferred

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as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to

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comply may result in the motion being stricken.

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IV.

Pre-Trial Conference

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December 16, 2022, at 10:00 a.m., located at the United States District Courthouse in

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Bakersfield, California, before the Honorable Jennifer L. Thurston, United States Magistrate Judge.
The parties are ordered to file a Joint Pretrial Statement pursuant to Local Rule 281(a)(2).

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

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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

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

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The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the

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Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the

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

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V.

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Trial Date
January 30, 2023, at 8:30 a.m. at the United States District Courthouse in Bakersfield,

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

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A.

This is a jury trial.

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B.

Estimate of Trial Time: 5 days

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C.

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

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California, Rule 285.
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VI.

Settlement Conference

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If the parties desire a conference with the Court, they may file a joint written request for a

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settlement conference. Alternatively, the parties may file a joint written request for referral to the

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Court’s Voluntary Dispute Resolution Program.

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VII.

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Trial

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

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Not applicable at this time.

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VIII. Related Matters Pending
There are no pending related matters.

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IX.

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

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

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

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

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

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X.

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

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

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

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

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

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

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

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

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for granting the relief requested.

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

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IT IS SO ORDERED.
Dated:

November 18, 2021

_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE

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