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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GENERAL INSURANCE COMPANY OF AMERICA, 12 Plaintiff, 13 v. 14 WHIRLPOOL CORPORATION, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) 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 17 18 Dispositive Motion Deadlines: Filing: 10/7/2022 Hearing: 11/4/2022 19 20 21 Pre-Trial Conference: 12/16/2022 at 10:00 a.m. 510 19th Street, Bakersfield, CA 22 23 Trial: 1/30/2023 at 8:30 a.m. 510 19th Street, Bakersfield, CA 24 25 26 27 28 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. 1 The parties are ordered to complete all discovery pertaining to non-experts on or before May 18, 1 2 2022, and all discovery pertaining to experts on or before July 29, 2022. 3 The parties are directed to disclose all expert witnesses, in writing, on or June 1, 2022, and to 4 disclose all rebuttal experts on or before June 29, 2022. The written designation of retained and non- 5 retained experts shall be made pursuant to Fed. R. Civ. P. Rule 26(a)(2), (A), (B), and (C) and shall 6 include all information required thereunder. Failure to designate experts in compliance with this 7 order may result in the Court excluding the testimony or other evidence offered through such experts 8 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 9 10 and their opinions. Experts must be fully prepared to be examined on all subjects and opinions 11 included in the designation. Failure to comply will result in the imposition of sanctions, which may 12 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 13 14 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 15 16 Thurston at 510 19th Street, Bakersfield, California. Counsel SHALL file a joint mid-discovery status 17 conference report one week before the conference. Counsel also SHALL lodge the status report via e- 18 mail to The joint statement SHALL outline the discovery counsel have 19 completed and that which needs to be completed as well as any impediments to completing the 20 discovery within the deadlines set forth in this order. Counsel SHALL discuss settlement and certify 21 that they have done so. Counsel may appear via teleconference by dialing (888) 557-8511 and entering 22 Access Code 1652736, provided the Magistrate Judge's Courtroom Deputy Clerk receives a written 23 notice of the intent to appear telephonically no later than five court days before the noticed hearing 24 date. 25 II. 26 Pre-Trial Motion Schedule All non-dispositive pre-trial motions, including any discovery motions, shall be filed no later 27 28 2 1 than August 12, 20221, and heard on or before September 9, 2022. The Court hears non-dispositive 2 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 3 4 is filed at least one week before the first deadline the parties wish to extend. Likewise, no written 5 discovery motions shall be filed without the prior approval of the assigned Magistrate Judge. A party 6 with a discovery dispute must first confer with the opposing party in a good faith effort to resolve by 7 agreement the issues in dispute. If that good faith effort is unsuccessful, the moving party promptly 8 shall seek a telephonic hearing with all involved parties and the Magistrate Judge. It shall be the 9 obligation of the moving party to arrange and originate the conference call to the court. To schedule 10 this telephonic hearing, the parties are ordered to contact the Courtroom Deputy Clerk, Susan Hall, at 11 (661) 326-6620 or via email at At least three days before the conference, 12 counsel SHALL file informal letter briefs detailing their positions. The briefs may not exceed 7 pages, 13 excluding exhibits. Counsel must comply with Local Rule 251 with respect to discovery disputes or 14 the motion will be denied without prejudice and dropped from the Court’s calendar. 15 All dispositive pre-trial motions shall be filed no later than October 7, 2022, and heard no later 16 than November 4, 2022, before the Honorable Jennifer L. Thurston, United States Magistrate Judge, at 17 the United States District Courthouse in Bakersfield, California. In scheduling such motions, counsel 18 shall comply with Fed. R. Civ. P. 56 and Local Rules 230 and 260. 19 III. Motions for Summary Judgment or Summary Adjudication 20 At least 21 days before filing a motion for summary judgment or motion for summary 21 adjudication, the parties are ORDERED to meet, in person or by telephone, to confer about the issues 22 to be raised in the motion. 23 The purpose of the meeting shall be to: 1) avoid filing motions for summary judgment where a 24 question of fact exists; 2) determine whether the respondent agrees that the motion has merit in whole 25 or in part; 3) discuss whether issues can be resolved without the necessity of briefing; 4) narrow the 26 27 28 1 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. 3 1 issues for review by the court; 5) explore the possibility of settlement before the parties incur the 2 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 3 4 statement of undisputed facts at least five days before the conference. The finalized joint statement of 5 undisputed facts SHALL include all facts that the parties agree, for purposes of the motion, may be 6 deemed true. In addition to the requirements of Local Rule 260, the moving party shall file the joint 7 statement of undisputed facts. In the notice of motion the moving party SHALL certify that the parties have met and conferred 8 9 as ordered above, or set forth a statement of good cause for the failure to meet and confer. Failure to 10 comply may result in the motion being stricken. 11 IV. Pre-Trial Conference 12 December 16, 2022, at 10:00 a.m., located at the United States District Courthouse in 13 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). 14 15 The parties are further directed to submit a digital copy of their pretrial statement in Word format, 16 directly to Judge Thurston's chambers, by email at Counsels' attention is directed to Rules 281 and 282 of the Local Rules of Practice for the 17 18 Eastern District of California, as to the obligations of counsel in preparing for the pre-trial conference. 19 The Court will insist upon strict compliance with those rules. In addition to the matters set forth in the 20 Local Rules the Joint Pretrial Statement shall include a Joint Statement of the case to be used by the 21 Court to explain the nature of the case to the jury during voir dire. 22 V. 23 24 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. 25 A. This is a jury trial. 26 B. Estimate of Trial Time: 5 days 27 C. Counsels' attention is directed to Local Rules of Practice for the Eastern District of 28 California, Rule 285. 4 1 VI. Settlement Conference 2 If the parties desire a conference with the Court, they may file a joint written request for a 3 settlement conference. Alternatively, the parties may file a joint written request for referral to the 4 Court’s Voluntary Dispute Resolution Program. 5 VII. 6 Trial Request for Bifurcation, Appointment of Special Master, or other Techniques to Shorten 7 Not applicable at this time. 8 VIII. Related Matters Pending There are no pending related matters. 9 10 IX. Compliance with Federal Procedure All counsel are expected to familiarize themselves with the Federal Rules of Civil Procedure 11 12 and the Local Rules of Practice of the Eastern District of California, and to keep abreast of any 13 amendments thereto. The Court must insist upon compliance with these Rules to efficiently handle its 14 increasing case load, and sanctions will be imposed for failure to follow both the Federal Rules of Civil 15 Procedure and the Local Rules of Practice for the Eastern District of California. 16 X. Effect of this Order The foregoing order represents the best estimate of the court and counsel as to the agenda most 17 18 suitable to dispose of this case. The trial date reserved is specifically reserved for this case. If the 19 parties determine at any time that the schedule outlined in this order cannot be met, counsel are ordered 20 to notify the court immediately of that fact so that adjustments may be made, either by stipulation or by 21 subsequent status conference. The dates set in this order are considered to be firm and will not be modified absent a 22 23 showing of good cause even if the request to modify is made by stipulation. Stipulations 24 extending the deadlines contained herein will not be considered unless they are accompanied by 25 affidavits or declarations, and where appropriate attached exhibits, which establish good cause 26 for granting the relief requested. 27 /// 28 /// 5 1 Failure to comply with this order may result in the imposition of sanctions. 2 3 4 5 IT IS SO ORDERED. Dated: November 18, 2021 _ /s/ Jennifer L. Thurston CHIEF UNITED STATES MAGISTRATE JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6

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