United Fire & Casualty Company v. Ventura Foods LLC et al

Filing 24

ORDER - Granting 23 UNRESISTED Motion To Amend Scheduling Order & Discovery Plan filed by United Fire & Casualty Company. Plaintiffs Expert Witness now due by 4/10/2017. Defendants Expert Witnesses now due by 6/12/2017. Plaintiffs Rebuttal Exp erts now due by 7/10/2017. Dispositive Motions now due by 6/2/2017. The Final Pretrial Conference set for 9/19/2017 3:00 PM in 111 7th Avenue SE, Courtroom 3, 4th Floor before Magistrate Judge Kelly Mahoney. Signed by Magistrate Judge Kelly Mahoney on 01/31/2017. (src)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION
UNITED FIRE & CASUALTY
COMPANY a/s/o BAD BOYS
HOLDINGS, L.C. and C.H.S.H.S.,
L.C.,
Plaintiff,

No. 16-CV-0034-MWB

vs.

ORDER

VENTURA FOODS, LLC,
DISTRIBUTION MARKETING
SERVICES OF TEXAS, LLC, and
REINHART FOODSERVICE, LLC,
Defendants.
____________________
Before the Court is the Plaintiff’s Motion to Amend Scheduling Order and
Discovery Plan (Doc. 23). The motion states that both Plaintiff’s and Defendants’ counsel
discussed the issue of amending the scheduling order and discovery plan and have agreed,
pending the Court’s approval. Doc. 23, ¶7.
After the initial Scheduling Order was issued on June 8, 2016 (Doc. 12), the Court
issued a Trial Management Order scheduling a jury trial for July 17, 2017 (Doc. 13).
Thereafter, on July 20, 2016, a Motion to Continue Trial was granted (Doc. 16),
rescheduling the jury trial for October 2, 2017, with the Final Pretrial Conference
scheduled for September 19, 2017, at 3:00 p.m.

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The Court notes that the Final Pretrial Conference was previously scheduled before
United States Magistrate Judge Jon S. Scoles. Judge Scoles retired from the Northern District of
Iowa on December 31, 2016. The Final Pretrial Conference will now take place before United
States Magistrate Judge Kelly K.E. Mahoney on September 19, 2017.

The parties state that the original Scheduling Order and Discovery Plan was based
on the trial ready date of June 18, 2017, and that because of the “delay in getting written
discovery responses, as well as having to travel to take fact witness depositions, it would
be very difficult for the parties and their experts to meet these dates.” Doc. 23, ¶6. The
motion further states that this case is a very complicated matter involving a fire and
explosion, and that both Plaintiff’s and Defendants’ responses to the production requests
have exceeded one thousand pages. Doc. 23. Further, the depositions for non-expert
witnesses will need to be completed in states other than Iowa. Doc. 23.
The parties propose the following deadline extensions:
Current

Extended

Plaintiff’s Expert Witness:

02/24/2017

4/10/2017

Defendants’ Expert Witness:

04/28/2017

06/12/2017

Plaintiff’s Rebuttal Expert Witness:

05/31/2017

07/10/2017

Dispositive Motion:

02/18/2017

06/02/2017

The motion states that by amending the Scheduling Order & Discovery Plan to the
dates agreed upon by the parties, it will not affect the current trial date of October 2, 2017.
The Court notes, however, that the newly proposed Dispositive Motion deadline is now
exactly 120 days before the schedule trial date. Therefore, no further extensions will be
available for continuing this deadline as provided under the Local Rules requiring the
submission of dispositive motions at least 120 days prior to the date of any scheduled trial.
See LR 16(h).
IT IS ORDERED, for good cause shown, that the Motion (Doc. 23) is
GRANTED. The deadlines are extended as set forth above and shall now govern the case.
No further extensions will be allowed unless exceptional circumstances are presented.

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The Jury Trial date of October 2, 2017, and the Final Pretrial Conference on
September 19, 2017, will remain as previously scheduled (Doc. 16). Judge Mahoney will
now preside at the Final Pretrial Conference on September 19, 2017, at 3:00 p.m.
IT IS SO ORDERED this 31st day of January, 2017.

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