Travelers Property Casualty Company of America v. Kaufman & Broad Monterey Bay, Inc. et al

Filing 229

FURTHER ORDER re: Trial Schedule and Related Matters. On or before 4:00 p.m. on June 9, 2015, the parties shall provide an updated joint witness list consistent with this court's previous rulings. Also, on or before 4:00 p.m. on June 9, 201 5, the parties shall provide a brief joint statement, not exceeding two pages, which lists the causes of action that will be tried, taking into consideration this court's previous rulings. The parties shall appear for a further Final Pretrial Conference at 9:00 a.m. on June 10, 2015. Signed by Judge Edward J. Davila on 6/9/2015. (ejdlc4S, COURT STAFF) (Filed on 6/9/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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TRAVELERS PROPERTY CASUALTY
COMPANY OF AMERICA,
Plaintiff,

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v.

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United States District Court
Northern District of California

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Case No. 5:13-cv-04745-EJD
FURTHER ORDER RE: TRIAL
SCHEDULE AND RELATED MATTERS

KAUFMAN & BROAD MONTEREY BAY,
INC., et al.,
Defendants.

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In light of the parties’ recent joint statement regarding the status of settlement efforts filed
on June 8, 2015 (Docket Item No. 228), the court orders as follows:
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The parties shall appear for a further Final Pretrial Conference at 9:00 a.m. on

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June 10, 2015. Among other matters, the court will finalize the trial schedule at that time. Jury

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selection will thereafter begin at 10:00 a.m. immediately following the conference.

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2.

On or before 4:00 p.m. on June 9, 2015, the parties shall provide an updated joint

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witness list consistent with this court’s previous rulings. For each side, the witness list shall

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include the name, role or title of the witness, and a brief summary of the witness’s proffered

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testimony.

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3.

On or before 4:00 p.m. on June 9, 2015, the parties shall also provide a brief joint

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statement, not exceeding two pages, which lists the causes of action that will be tried, taking into

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consideration this court’s previous rulings.

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4.

On June 5, 2015, Defendants objected to Plaintiff’s notice designating specified

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portions of the deposition of Steve McAllister to be read at trial. See Docket Item No. 227. This

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Case No.: 5:13-cv-04745-EJD
FURTHER ORDER RE: TRIAL SCHEDULE AND RELATED MATTERS

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court’s standing order provides that the parties shall file and serve any excerpts of deposition

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testimony no later than 14 days before the Final Pretrial Conference. See Standing Order for Civil

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Cases at § III(D)(7). Given that (1) Plaintiff has been aware since on or about April 7, 2015, that

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McAllister would not voluntarily appear at trial and made no effort to compel his attendance, (2)

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Plaintiff’s designation is untimely according to this court’s standing order, and (3) Plaintiff did not

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obtain leave of court before filing the untimely designation, Defendants’ objection is tentatively

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SUSTAINED. The court will entertain brief argument on this issue at the further Final Pretrial

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Conference before issuing a final order.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: June 9, 2015
______________________________________
EDWARD J. DAVILA
United States District Judge

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Case No.: 5:13-cv-04745-EJD
FURTHER ORDER RE: TRIAL SCHEDULE AND RELATED MATTERS