Vargas v. Allstate Insurance Company, Inc.

Filing 19

ORDER REGARDING DISCOVERY AND MOTIONS FOR SUMMARY JUDGMENT AND SETTING CASE MANAGEMENT DEADLINES: Discovery due by 12/9/2016. Expert Witness List due by 1/9/2017. Jury Selection set for 3/17/2017 08:00 AM in Courtroom 5, 2nd Floor, Oakland befor e Hon. Jeffrey S. White. Jury Trial set for 3/20/2017 08:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Motion Hearing set for 12/16/2016 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Pretrial Conference set for 2/27/2017 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on 1/20/16. (jjoS, COURT STAFF) (Filed on 1/20/2016) Modified on 1/20/2016 (jjoS, COURT STAFF).

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JULIA E. VARGAS, Plaintiff, 8 v. 9 10 ALLSTATE INSURANCE COMPANY, INC, 11 United States District Court Northern District of California Case No. 15-cv-04041-JSW Defendant. ORDER REGARDING DISCOVERY AND MOTIONS FOR SUMMARY JUDGMENT AND SETTING CASE MANAGEMENT DEADLINES Re: Docket No. 18 12 The Court has received and considered the parties’ joint proposed discovery plan. The 13 14 Court HEREBY ORDERS as follows: 1. 15 Having considered the parties’ positions as set forth in their joint discovery plan, 16 the Court concludes that it will permit Defendant to file a motion for summary adjudication on the 17 issue of the duty to defend. Defendant may file its motion for summary judgment on the issue of 18 the duty to defend by no later than March 11, 2016, and it shall notice the motion on an open and 19 available date on the Court’s calendar in accordance with Northern District Civil Local Rule 7- 20 2(a). Plaintiff’s opposition and Defendant’s reply shall be due in accordance with the Northern 21 District Local Rules. 2. 22 The Court also concludes on this record, and without benefit of briefing on the 23 motion for summary adjudication, that Plaintiff has not demonstrated that discovery on the issue 24 of the duty to defend is necessary. However, the Court’s ruling is without prejudice to Plaintiff 25 from renewing her request after she receives Defendant’s motion. If Plaintiff in good faith 26 believes discovery is required to respond to the motion, before the deadline to respond to the 27 motion expires, she may move for discovery in accordance with Federal Rule of Civil Procedure 28 56(d). 1 2 3. If the Court’s ruling on the motion f summary adjudicatio of the issu of the for y on ue dut to defend does not res ty solve the cas the partie shall adher to the foll se, es re lowing deadlines: 3 a. Subm a stipula mit ation and pro oposed order regarding A r ADR by Apr 29, 2016. ril 4 b. Fact discovery cut off: Dece t c ember 9, 2016. 5 c. Dead dline to hear dispositive motions: Fr r riday, Decem mber 16, 201 at 9:00 16 a.m. 6 7 d. Expe disclosur deadline: D ert re December 9 2016 9, 8 e. Rebu uttal Expert disclosure d deadline: December 30, 2 2017. 9 f. Expe discovery cut-off: Ja ert y anuary 9, 2017 10 g. Pretr Conferen rial nce: Monda February 27, 2017 at 2:00 p.m. T parties ay, y t The United States District Court Northern District of California 11 are rem minded to rev view this Cou urt’s Guideli ines for Civi Jury Trials which sets forth the il s, s 12 requirem ments and deadlines for pretrial filin includin deadlines for exchang ngs, ng ging motions s 13 in limin ne. 14 h. Jury Selection: Wednesday, March 17, 2 y W 2017 at 8:00 a.m. 0 15 i. Trial: Monday, March 20, 2 2017 at 8:00 a.m. 16 17 IT IS SO ORDER S RED. Da ated: January 20, 2016 y 18 19 JE EFFREY S. W WHITE Un nited States D District Judg ge 20 21 22 23 24 25 26 27 28 2

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