Wheeler v. United Financial Casualty Company
AMENDED JURY TRIAL SCHEDULING ORDER signed by District Judge Stanley A. Bastian on 8/24/2017 GRANTING 33 Third Stipulation re Jury Trial Scheduling Order; ORDERING the parties to disclose expert witnesses by 9/22/2017 and to disclose rebuttal exper ts by 10/10/2017; ORDERING that all discovery be completed by 10/20/2017; ORDERING that all dispositive motions be filed by 9/6/2017; ORDERING that any motions in limine be filed by 11/27/2017, that responses to said motions be filed by 12/11/2017, a nd that any replies be filed by 12/15/2017; ORDERING the parties to file exhibit and witness lists by 12/15/2017, that objections to said lists be filed by 12/18/2017, and that any responses to objections be filed by 12/18/2017; ORDERING the parties to prepare and file a pretrial exhibit stipulation by 12/18/2017; ORDERING that designation of substantive deposition testimony be served on opposing counsel by 11/24/2017, that cross-designations be served by 12/15/2017, and that any objections to designated deposition testimony, with copies of disputed designations, be filed and provided to the Court by 12/18/2017; ORDERING that all other deadlines remain in place. (Michel, G.)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
10 BETH WHEELER,
13 UNITED FINANCIAL CASUALTY
ORDER AMENDING JURY
TRIAL SCHEDULING ORDER
14 COMPANY, individually and dba
15 Progressive, Progressive Insurance and
16 Progressive.com; PROGRESSIVE
17 CASUALTY INSURANCE COMPANY,
18 a corporation; and DOES 1 to 25,
Before the Court is the parties’ Third Stipulation and Order Regarding Jury
22 Trial Scheduling Order, ECF No. 33. The parties request extensions of deadlines
23 in order to accommodate defense counsel’s anticipated jury trial in another matter,
24 Plaintiff’s counsel’s vacation schedule, and an ongoing discovery dispute. Having
25 reviewed the submissions of the parties, the Court finds good cause to grant the
26 motion and amend the schedule for jury trial in this matter.
ORDER AMENDING JURY TRIAL SCHEDULING ORDER + 1
Accordingly, IT IS ORDERED:
1. The Parties’ Third Stipulated Motion Regarding Jury Trial Scheduling
3 Order, ECF No. 33, is GRANTED.
2. The following Jury Trial Scheduling Order, ECF No. 32, is amended as
7 7. Expert Disclosures.
A. Initial Expert Disclosures. Each Party shall identify its experts and serve
9 written reports as required by Rule 26(a)(2) on all other parties no later than
10 September 22, 2017. Each Party shall also provide dates for which those experts
11 can be available for deposition.
B. Rebuttal Expert Disclosures. Each Party shall identify its rebuttal experts
13 and serve written reports as required by Rule 26(a)(2) on all other parties no later
14 than October 10, 2017. Each Party shall also provide dates for which those
15 experts can be available for deposition.
C. Modifications. The parties may modify the deadline for exchange of
17 expert disclosures by joint stipulation filed with the court; a motion is not
19 8. Discovery.
A. Discovery Deadline. All discovery shall be completed on or before
21 October 20, 2017.
B. Responses. To be timely, discovery requests must be served sufficiently
23 in advance of the deadline to allow for timely response by the cutoff date.
C. Necessity. The parties shall file no discovery except as necessary to
25 support motions or objections.
D. Discovery Conferences. To avoid wasted time and expense, Counsel may
27 contact chambers to schedule a telephonic conference to obtain an expedited
ORDER AMENDING JURY TRIAL SCHEDULING ORDER + 2
1 ruling on discovery disputes. Prior to the conference, each party may submit to the
2 Court a one page summary explaining the discovery dispute.
6 11. Dispositive Motions. All dispositive motions shall be filed and served on or
7 before September 6, 2017.
8 12. Motions in Limine.
A. Motions in Limine: shall be filed and served on or before November 27,
B. Responses: shall be filed and served on or before December 11, 2017.
C. Replies: shall be filed and served on or before December 15, 2017.
D. Notation: Motions in limine shall be noted for hearing at the pretrial
TRIAL PREPARATION DEADLINES
17 13. Exhibit and Witness Lists.
A. Exhibit Lists and Witness Lists: shall be filed and served and exhibits
19 made available for inspection (or copies provided), on or before December 15,
B. Identification: The witness list shall include identification of each
22 witness’s testimony.
C. Notation of Exhibits: Where feasible, all exhibits identified in
24 depositions shall be pre-marked with the exhibit numbers that will be used at trial.
25 Plaintiff’s trial exhibits are to be numbered 1 through 199; Defendant’s exhibits
26 are to be numbered 200 and following.
ORDER AMENDING JURY TRIAL SCHEDULING ORDER + 3
D. Objections: Objections to the opposing party’s witness list or exhibit list
2 and any accompanying briefs shall be filed and served on or before December 18,
E. Responses: Responses, if any, to objections shall be filed and served on
5 or before December 18, 2017.
6 14. Pretrial Exhibit Stipulation.
A. Stipulation: The parties shall prepare a pretrial exhibit stipulation that
8 shall contain each party's numbered list of all trial exhibits with the opposing
9 party’s objections to each exhibit, including the basis of the objection and the
10 offering party’s brief response. All exhibits to which there is no objection shall be
11 deemed admitted, subject to any objections at trial that could not be raised in
B. Deadline: The pretrial exhibit stipulation shall be filed on December 18,
C. Objections to witness and exhibits shall be heard at the pretrial
17 15. Designation of Testimony.
A. Substantive: Designation of substantive, as opposed to impeachment,
19 deposition testimony shall be by highlighting and shall be served upon opposing
20 counsel, but not filed, on or before November 24, 2017.
B. Cross-Designation: Cross-designations by highlighting in a different
22 color shall be served, but not filed, on or before December 15, 2017.
C. Objections: Objections to any designated deposition testimony shall be
24 filed and served on or before December 18, 2017, and shall be heard and resolved
25 at the pretrial conference.
D. Service to the Court: Copies of designations to which there are
27 objections shall be provided to the Court on or before December 18, 2017.
28 . . .
ORDER AMENDING JURY TRIAL SCHEDULING ORDER + 4
3. All other deadlines shall remain in place.
IT IS SO ORDERED. The District Court Clerk is hereby directed to enter
3 this Order and to provide copies to counsel.
DATED this 24th day of August, 2017.
Stanley A. Bastian
United States District Judge
ORDER AMENDING JURY TRIAL SCHEDULING ORDER + 5
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