Fidelity National Financial, Inc. et al v. National Union Fire Insurance Company of Pittsburgh, PA et al

Filing 234

ORDER Further Modifying 2-15-11 Scheduling Order Following 05-11-11 Status Conference. Signed by Magistrate Judge Cathy Ann Bencivengo on 05/12/11.(All non-registered users served via U.S. Mail Service)(cge) (mam).

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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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FIDELITY NATIONAL FINANCIAL, INC., et
al.,

Civil No.

Plaintiff,

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ORDER FURTHER MODIFYING 2-15-11
SCHEDULING ORDER FOLLOWING 5-1111 STATUS CONFERENCE

v.
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NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA., et al.,
Defendant.

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09cv140-AJB (CAB)

A status conference was held on May 11, 2011 before Magistrate Judge Bencivengo with regard
to discovery scheduling issues. After consulting with the attorneys of record for the parties and being
advised of the status of the case, and good cause appearing, IT IS HEREBY ORDERED:
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All outstanding1 fact discovery shall be completed on or before June 30, 2011.

“Completed” means that all discovery under Rules 30-36 of the Federal Rules of Civil Procedure must
be initiated a sufficient period of time in advance of the cut-off date, so that it may be completed by the
cut-off date, taking into account the times for services, notice, and response as set forth in the Federal
Rules of Civil Procedure. All discovery motions must be filed within 30 days of the service of an

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This means all discovery properly noticed prior to May 11, 2011. No new discovery requests or
deposition notices may be served without leave of court and without good cause.
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09cv140

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objection, answer or response which becomes the subject of dispute or the passage of a discovery due

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date without response or production, and only after counsel have met and conferred and have reached

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impasse with regard to the particular issue.

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2.

Each expert witness designated by a party shall prepare a written report to be provided to

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all other parties no later than July 15, 2011, containing the information required by Fed. R. Civ. P.

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26(a)(2)(A) and (B).

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Except as provided in the paragraph below any party that fails to make these disclosures

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shall not, absent substantial justification, be permitted to use evidence or testimony not disclosed

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at any hearing or at the time of trial. In addition, the Court may impose sanctions as permitted by

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Fed. R. Civ. P. 37(c).
3.

Any party, through any expert designated, shall in accordance with Fed. R. Civ. P.

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26(a)(2)(C) and Fed. R. Civ. P. 26(e), supplement any of its expert reports regarding evidence intended

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solely to contradict or rebut evidence on the same subject matter identified in an expert report submitted

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by another party. Any such supplemental reports are due on or before August 5, 2011.

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4.

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All other dates set forth in the Court’s scheduling orders of 2/15/11 [Doc. No. 187] and 5/5/11

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All expert discovery shall be completed on or before September 9, 2011.

[Doc. No. 222] shall remain in effect.

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DATED: May 12, 2011

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CATHY ANN BENCIVENGO
United States Magistrate Judge

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09cv140