Hartford Casualty Insurance Company v. Fireman's Fund Insurance Company et al

Filing 94

ORDER ON SUPPLEMENTAL BRIEFING (Illston, Susan) (Filed on 6/13/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HARTFORD CASUALTY INSURANCE
COMPANY,
Plaintiff,

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ORDER ON SUPPLEMENTAL
BRIEFING

v.

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Case No. 15-cv-02592-SI

FIREMAN’S FUND INSURANCE
COMPANY, et al.,

Re: Dkt. No. 74

United States District Court
Northern District of California

Defendants.
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Presently before the Court is Fireman’s motion for summary judgment. The motion, now

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set for hearing on July 8, 2016, was filed and briefing was completed prior to the June 30, 2016

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non-expert discovery cutoff. Dkt. No. 74. Hartford opposes the motion both on substantive

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grounds, and because it has yet to depose four witnesses (Donna M. Bacarti, Lynn Hadfield, and

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the Persons Most Knowledgeable from Fireman’s Fund and Burns & Wilcox) who are asserted to

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be “necessary and critical to [its] prosecution of its case[.]” Dkt. No. 79 at 23.1 Fireman’s asserts

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in reply that (1) Hartford has not indicated why such evidence was not discovered or obtained

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earlier in the proceeding, and (2) Hartford has not demonstrated that these witnesses will proffer

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additional evidence as to a material fact. Dkt. No. 86 at 18.

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Since non-expert discovery has not closed, Hartford is entitled to take the four identified

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depositions, and should do so forthwith, if it has not already. Under these circumstances, the

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Court GRANTS Hartford leave to file a supplementary brief of no more than 15 pages, no later

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than July 1, 2016, with any relevant material it has gathered from the four depositions. If Hartford

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does so, Fireman's may file an opposition not to exceed 15 pages no later than July 5, 2016.

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The page numbers cited refer to the page numbers generated by ECF.

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The Court will consider these submissions on the Court’s July 8, 2016 calendar along with
the two pending motions for summary judgment filed by Fireman’s and Burns & Wilcox.

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IT IS SO ORDERED.
Dated: June 13, 2016
______________________________________
SUSAN ILLSTON
United States District Judge

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United States District Court
Northern District of California

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