Worth v. Nationwide Agribusiness Insurance Company

Filing 12

ORDER signed by Judge Garland E. Burrell, Jr. on 3/13/2015 ORDERING that the 11/21/2015 Status (Pretrial Scheduling) Order is AMENDED as follows: All discovery shall be completed by 10/14/2015; each party shall comply with Federal Rule of Civil Pro cedure 26(a)(2)(B) and (C)'s initial expert witness disclosure requirements on or before 6/16/2015, and any contradictory and/or rebuttal expert disclosure authorized under Rule 26(a)(2)(D)(ii) on or before 7/14/2015; the last hearing date for motions shall be 12/14/2015, commencing at 9:00 a.m.; and the final pretrial conference is set for 2/8/2016, at 11:00 a.m. in courtroom 10. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NATE WORTH,

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No.

2:14-cv-02068-GEB-AC

Plaintiff,
v.
NATIONWIDE AGRIBUSINESS
INSURANCE COMPANY, an Iowa
corporation qualified to do
business in California AKA
NATIONWIDE MUTUAL INSURANCE
AKA ALLIED INSURANCE,

ORDER RE VDRP REQUEST AND
AMENDING THE STATUS (PRETRIAL
SCHEDULING) ORDER

Defendant.

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On March 11, 2015, the parties filed a Stipulation to

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Elect Referral of Action to Voluntary Dispute Resolution Program

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(“VDRP”) and a Proposed Order, in which they agree as follows:

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A.
The Parties shall conduct a private
mediation of the case with the jointly
selected mediator, in accordance with L.R.
271(a)(3);
B. The mediation shall be
completed by May 31, 2015;

conducted

and

C. The provision and requirements of L.R.
271(j), (k) and (l) for VDRP sessions, shall
be applicable to their mediation conference;
and
D. The Parties shall file a completion report
or dismissal as required by L.R. 271(o), on
or within 14 days of the VDRP session.
(Proposed Order, ECF No. 11-1.) The parties also seek in the
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proposed order to stay all discovery, “with the exception of the

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continuing duty of the parties to supplement their disclosures

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under Rule 26(a)” until a later date to be chosen by the Court.

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(Id. at 2:3-4.)

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The

parties’

stipulation

is

in

essence

a

de

facto

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request to modify the Status (Pretrial Scheduling) Order that is

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not supported by a showing of good cause. However, in light of

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the parties’ joint request for more time to seek to mediate this

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case, the November 21, 2014 Status (Pretrial Scheduling) Order is

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amended as follows:

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All discovery shall be completed by October 14, 2015;

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each party shall comply with Federal Rule of Civil Procedure

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26(a)(2)(B)

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requirements on or before June 16, 2015, and any contradictory

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and/or

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26(a)(2)(D)(ii) on or before July 14, 2015; the last hearing date

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for motions shall be December 14, 2015, commencing at 9:00 a.m.;

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and the final pretrial conference is set for February 8, 2016, at

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11:00 a.m. in courtroom 10.

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IT IS SO ORDERED.

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Dated:

and

rebuttal

(C)’s

expert

initial

expert

disclosure

March 13, 2015

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2

witness

authorized

disclosure

under

Rule