Argonaut-Midwest Ins. Co. v. Hoblit Motors, et al

Filing 12

STATUS (PRETRIAL SCHEDULING) ORDER signed by Senior Judge William B. Shubb on 1/14/15: Discovery due by 2/2/2015. Dispositive Motions filed by 8/3/2015. Final Pretrial Conference set for 10/13/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Bench Trial set for 12/8/2015 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 13 ARGONAUT-MIDWEST INS. CO., a Texas corporation, CIV. NO. 2:14-1012 WBS CKD Plaintiff, 14 15 16 17 18 19 20 21 22 v. HOBLIT MOTORS, INC. dba HOBLIT ENTERPRISES, INC., dba COLUSA AUTO MART, INC., dba, HOBLIT INVESTMENT PARTNERS; HOBLIT DODGE CHRYSLER JEEP; AMBER KESTERSON, individually and as guardian ad litem for ANDY KESTERSON, GARTH KESTERSON and JEWEL KESTERSON; TONY KESTERSON; STEVEN KESTERSON; and Does 110, inclusive, Defendants. 23 24 25 26 ----oo0oo---STATUS (PRETRIAL SCHEDULING) ORDER After reviewing the parties’ Joint Status Report, the 27 court hereby vacates the Status (Pretrial Scheduling) Conference 28 scheduled for January 20, 2015, and makes the following findings 1 1 and orders without needing to consult with the parties any 2 further. 3 I. SERVICE OF PROCESS 4 The parties indicate all defendants have been served. 5 No further service is permitted without leave of court, good 6 cause having been shown under Federal Rule of Civil Procedure 7 16(b). 8 II. JOINDER OF PARTIES/AMENDMENTS 9 Plaintiff states that it anticipates amending its 10 Complaint to clarify additional coverage issues and to correctly 11 state some of the parties’ names. 12 further joinder of parties or amendments to pleadings will be 13 permitted except with leave of court, good cause having been 14 shown under Federal Rule of Civil Procedure 16(b). 15 v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992). After January 26, 2015, no See Johnson 16 III. JURISDICTION/VENUE 17 Jurisdiction is predicated upon diversity jurisdiction, 18 28 U.S.C. § 1332. 19 Venue is undisputed and is hereby found to be proper. 20 IV. DISCOVERY 21 The parties shall serve the initial disclosures 22 required by Federal Rule of Civil Procedure 26(a)(1) by no later 23 than February 2, 2015. 24 The parties shall disclose experts and produce reports 25 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 26 later than April 1, 2015. 27 intended solely for rebuttal, those experts shall be disclosed 28 and reports produced in accordance with Federal Rule of Civil With regard to expert testimony 2 1 Procedure 26(a)(2) on or before May 1, 2015. 2 All discovery, including depositions for preservation 3 of testimony, is left open, save and except that it shall be so 4 conducted as to be completed by June 1, 2015. 5 “completed” means that all discovery shall have been conducted so 6 that all depositions have been taken and any disputes relevant to 7 discovery shall have been resolved by appropriate order if 8 necessary and, where discovery has been ordered, the order has 9 been obeyed. The word All motions to compel discovery must be noticed on 10 the magistrate judge’s calendar in accordance with the local 11 rules of this court and so that such motions may be heard (and 12 any resulting orders obeyed) not later than June 1, 2015. 13 V. MOTION HEARING SCHEDULE 14 All motions, except motions for continuances, temporary 15 restraining orders, or other emergency applications, shall be 16 filed on or before August 3, 2015. 17 for the next available hearing date. 18 refer to the local rules regarding the requirements for noticing 19 and opposing such motions on the court’s regularly scheduled law 20 and motion calendar. All motions shall be noticed Counsel are cautioned to 21 VI. FINAL PRETRIAL CONFERENCE 22 The Final Pretrial Conference is set for October 13, 23 2015, at 2:00 p.m. in Courtroom No. 5. 24 attended by at least one of the attorneys who will conduct the 25 trial for each of the parties and by any unrepresented parties. 26 The conference shall be Counsel for all parties are to be fully prepared for 27 trial at the time of the Pretrial Conference, with no matters 28 remaining to be accomplished except production of witnesses for 3 1 oral testimony. 2 and are referred to Local Rules 281 and 282 relating to the 3 contents of and time for filing those statements. 4 those subjects listed in Local Rule 281(b), the parties are to 5 provide the court with: (1) a plain, concise statement which 6 identifies every non-discovery motion which has been made to the 7 court, and its resolution; (2) a list of the remaining claims as 8 against each defendant; and (3) the estimated number of trial 9 days. 10 Counsel shall file separate pretrial statements, In addition to In providing the plain, concise statements of 11 undisputed facts and disputed factual issues contemplated by 12 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 13 that remain at issue, and any remaining affirmatively pled 14 defenses thereto. 15 parties shall also prepare a succinct statement of the case, 16 which is appropriate for the court to read to the jury. If the case is to be tried to a jury, the 17 VII. 18 The bench trial is set for December 8, 2015, at 9:00 19 a.m. TRIAL SETTING The parties estimate that the trial will take six days. 20 VIII. SETTLEMENT CONFERENCE 21 A Settlement Conference will be set at the time of the 22 Pretrial Conference. 23 the court whether they will stipulate to the trial judge acting 24 as settlement judge and waive disqualification by virtue thereof. 25 All parties should be prepared to advise Counsel are instructed to have a principal with full 26 settlement authority present at the Settlement Conference or to 27 be fully authorized to settle the matter on any terms. 28 seven calendar days before the Settlement Conference counsel for 4 At least 1 each party shall submit a confidential Settlement Conference 2 Statement for review by the settlement judge. 3 judge is not the trial judge, the Settlement Conference 4 Statements shall not be filed and will not otherwise be disclosed 5 to the trial judge. If the settlement 6 IX. MODIFICATIONS TO SCHEDULING ORDER 7 Any requests to modify the dates or terms of this 8 Scheduling Order, except requests to change the date of the 9 trial, may be heard and decided by the assigned Magistrate Judge. 10 All requests to change the trial date shall be heard and decided 11 only by the undersigned judge. 12 Dated: January 14, 2015 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?