Silgan Containers LLC v. National Union Fire Insurance Co. of Pittsburgh, PA

Filing 61

ORDER FURTHER MODIFYING CASE MANAGEMENT ORDER. Further Case Management Conference set for 4/7/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Jury Trial set for 8/29/2011 09:00 AM in Courtroom 3, 17th Floor, San Francisco. Pretrial Conference set for 8/11/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 10/29/10. (cl, COURT STAFF) (Filed on 10/29/2010)

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*E-Filed 10/29/10* 1 W. DAVID CAMPAGNE (BAR NO. 111372) DANIEL S. CHO (BAR NO. 258729) 2 SINNOTT, PUEBLA, CAMPAGNE & CURET, APLC 555 Montgomery, Suite 720 3 San Francisco, California 94111 Telephone: (415) 352-6212 4 Facsimile: (415) 352-6224 dcampagne@spcclaw.com 5 dcho@spcclaw.com 6 RICHARD H. NICOLAIDES, JR. (pro hac vice) LAURA A. McARDLE (pro hac vice) 7 JAMES F. BAFFA (pro hac vice) BATES CAREY NICOLAIDES LLP 8 191 North Wacker Drive, Suite 2400 Chicago, Illinois 60606 9 Telephone: (312) 762-3100 Facsimile: (312) 762-3200 10 rnicolaides@bcnlaw.com lmcardle@bcnlaw.com 11 jbaffa@bcnlaw.com 12 Attorneys for Defendant NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 SILGAN CONTAINERS LLC, 17 18 vs. Plaintiff, [SILGAN CONTAINERS' AND LIBERTY MUTUAL'S PROPOSED] ORDER FURTHER MODIFYING CASE MANAGEMENT ORDER AS MODIFIED BY COURT Case No. C-09-5971-RS 19 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, and 20 LIBERTY MUTUAL IRE INSURANCE COMPANY, 21 Defendants. 22 23 Upon consideration of National Union's Administrative Motion to Modify Case 24 Management Order, the Court further modifies the May 20, 2010 Case Management Order, as 25 amended by Court Orders dated July 19, 2010 and July 30, 2010, as follows: 26 1. NON-EXPERT DISCOVERY. On or before November 9, 2010, non-expert 27 discovery shall be completed by the parties, with one exception: National Union may complete ** 28 the deposition of non-party Del Monte Foods Company on or before December 9, 2010. [Silgan Containers' and Liberty Mutual's Proposed] Order Further Modifying Case Management Order Case No. C-09-5971 RS 1 2. EXPERT WITNESSES. The disclosure and discovery of expert witness opinions 2 shall proceed as follows: 3 A. On or before November 23, 2010, plaintiff shall disclose expert testimony 4 and reports in accordance with Federal Rule of Civil Procedure 26(a)(2). 5 B. On or before December 21, 2010, defendants shall disclose expert 6 testimony and reports in accordance with Federal Rule of Civil Procedure 26(a)(2). 7 C. On or before January 18, 2011, all discovery of expert witnesses pursuant to 8 Federal Rule of Civil Procedure 26(b)(4) shall be completed. 9 3. CROSS-MOTIONS FOR SUMMARY JUDGMENT. Cross-motions for summary 10 judgment, if any, shall be heard in accordance with Civil Local Rule 7 no later than February 23, 11 2011. 12 4. FURTHER CASE MANAGEMENT CONFERENCE. A Further Case 13 Management Conference shall be held on April 7, 2011 at 10:00 a.m. in Courtroom 3, 17th Floor, 14 United States Courthouse, 450 Golden Gate Avenue, San Francisco, California. The parties shall 15 submit a Joint Case Management Statement at least one week prior to the Conference. 16 5. PRETRIAL STATEMENTS. At a time convenient to all, counsel shall meet and 17 confer to discuss preparation of a joint pretrial statement, and on or before July 28, 2011, counsel 18 shall file a Joint Pretrial Statement. 19 6. PRETRIAL CONFERENCE. The final pretrial conference will be held on August 20 11, 2011, at 10:00 a.m., in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate 21 Avenue, San Francisco, California. Each party or lead counsel who will try the case shall attend 22 personally. 23 // 24 // 25 // 26 // 27 // 28 // 2 [Silgan Containers' and Liberty Mutual's Proposed] Order Further Modifying Case Management Order Case No. C-09-5971 RS 1 7. TRIAL DATE. Jury trial shall commence on August 29, 2011, at 9:00 a.m., in 2 Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, 3 California. 4 5 IT IS SO ORDERED. 6 7 DATED: 10/29/10 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [Silgan Containers' and Liberty Mutual's Proposed] Order Further Modifying Case Management Order Case No. C-09-5971 RS 363729 / 7347 HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT JUDGE ** In the event National Union wishes to pursue followup discovery reasonably related to documents produced by, and the deposition of, Del Monte, the parties shall meet and confer to attempt to reach agreement as to whether and to what extent any such discovery shall go forward notwithstanding expiration of the cutoff date.

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