Amco Insurance Company v. Broan-Nutone, LLC et al

Filing 29

ORDER AMENDING 14 Scheduling Order signed by Judge Garland E. Burrell, Jr on 8/31/09 ORDERING: Designation of Expert Witnesses due by 10/15/2009; Expert Witness Discovery due by 1/15/2010; Final Pretrial Conference set for 4/19/2010 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr; Last Hearing Date for Motions is 2/22/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr; Jury Trial set for 5/18/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Donati, J)

1 2 3 4 5 6 7 8 9 10 11 12 13 Defendants. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The caption above was modified to reflect dismissal of Doe Defendants in an order filed September 9, 2008. 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

AMCO INSURANCE COMPANY, Plaintiff, v. BROAN-NUTONE, LLC; JAKEL, INC., d/b/a Jakel Industries, Inc.,1

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2:08-cv-01355-GEB-JFM AMENDMENTS TO SCHEDULING ORDER

On August 26, 2009, Defendants filed an emergency application in which they seek to extend the expert witness disclosure dates, without saying anything about how the extension Defendants seek bears on other scheduled dates. On August 31, 2009, Plaintiff filed

an opposition to the application, in which it argues the application should have been filed sooner, and if it is granted it would have a negative impact on the expert witness discovery completion date. Sufficient information is in the application to justify a some type of continuance of the expert witness the initial expert witness disclosure dates, even though Plaintiff appears correct in its argument in which it challenges the timeliness of the application. ///

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

Therefore, the expert witness disclosure dates will be extended but not precisely as Defendants request since what Defendants seek is not practical. follows: (1) Each party shall comply with Federal Rule of Civil Procedure 26(a)(2)(c)(i)'s initial expert witness disclosure requirements on or before October 15, 2009, and any contradictory and/or rebuttal expert disclosure authorized under Rule 26(a)(2)(c)(ii) on or before November 18, 2009; (2) expert witness discovery shall be completed by January 15, 2010; (3) the last hearing date for motions shall be February 22, 2010, at 9:00 a.m.; (4) the final pretrial conference is rescheduled to commence at 11:00 a.m. on April 19, 2010; a Joint Pretrial statement shall be filed seven days before the final pretrial conference, along with proposed jury instructions on the substantive issues to be tried, proposed voir dire, a trial brief, and a proposed verdict form. If the judge is to decide an issue, The Rule 16 scheduling order is amended as

proposed findings and conclusions of law shall also be filed. (5) Trial shall commence at 9:00 a.m. on May 18, 2010.

August 31, 2009

GARLAND E. BURRELL, JR. United States District Judge

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