Gloria v. Allstate Indemnity Co. ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 JAMES GLORIA, NO. 2:22-cv-01126 WBS CKD 13 Plaintiff, 14 v. 15 ALLSTATE INDEMNITY COMPANY, and DOES 1 through 50, 16 inclusive, 17 Defendant. 18 19 ----oo0oo---- 20 STATUS (PRETRIAL SCHEDULING) ORDER 21 After reviewing the parties’ Joint Status Report, the 22 court hereby vacates the Status (Pretrial Scheduling) Conference 23 scheduled for October 24, 2022, and makes the following findings 24 and orders without needing to consult with the parties any 25 further. 26 I. SERVICE OF PROCESS 27 All defendants have been served, and no further service 28 is permitted without leave of court, good cause having been shown 1 under Federal Rule of Civil Procedure 16(b). 2 II. JOINDER OF PARTIES/AMENDMENTS 3 No further joinder of parties or amendments to 4 pleadings will be permitted except with leave of court, good 5 cause having been shown under Federal Rule of Civil Procedure 6 16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 7 (9th Cir. 1992). 8 III. JURISDICTION/VENUE 9 Jurisdiction over this insurance discovery dispute is 10 predicated upon 28 U.S.C § 1332, because the parties are diverse 11 and the amount in controversy exceeds $75,000. The case was 12 removed to this court from the San Joaquin County Superior Court, 13 Venue is undisputed and hereby found to be proper. 14 IV. DISCOVERY 15 The parties agree to serve the initial disclosures 16 required by Federal Rule of Civil Procedure 26(a)(1) on or before 17 November 7, 2022. 18 The parties shall disclose experts and produce reports 19 in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 20 later than July 7, 2023. With regard to expert testimony 21 intended solely for rebuttal, those experts shall be disclosed 22 and reports produced in accordance with Federal Rule of Civil 23 Procedure 26(a)(2) on or before August 8, 2023. 24 All discovery, including depositions for preservation 25 of testimony, is left open, save and except that it shall be so 26 conducted as to be completed by September 8, 2023. The word 27 “completed” means that all discovery shall have been conducted so 28 that all depositions have been taken and any disputes relevant to 1 discovery shall have been resolved by appropriate order if 2 necessary and, where discovery has been ordered, the order has 3 been obeyed.1 All motions to compel discovery must be noticed on 4 the magistrate judge’s calendar in accordance with the local 5 rules of this court and so that such motions may be heard (and 6 any resulting orders obeyed) not later than September 8, 2023. 7 V. MOTION HEARING SCHEDULE 8 All motions, except motions for continuances, temporary 9 restraining orders, or other emergency applications, shall be 10 filed on or before October 24, 2023. All motions shall be 11 noticed for the next available hearing date. Counsel are 12 cautioned to refer to the local rules regarding the requirements 13 for noticing and opposing such motions on the court’s regularly 14 scheduled law and motion calendar. 15 VI. FINAL PRETRIAL CONFERENCE 16 The Final Pretrial Conference is set for January 16, 17 2024, at 1:30 p.m. in Courtroom No. 5. The conference shall be 18 attended by at least one of the attorneys who will conduct the 19 trial for each of the parties and by any unrepresented parties. 20 Counsel for all parties are to be fully prepared for 21 trial at the time of the Pretrial Conference, with no matters 22 remaining to be accomplished except production of witnesses for 23 oral testimony. Counsel shall file separate pretrial statements, 24 and are referred to Local Rules 281 and 282 relating to the 25 1 Although the parties suggest a mid-discovery status report conference, none is ordered in this Order. However, if 26 the parties feel they need a mid-discovery status report, they 27 may request a status conference by contacting the courtroom deputy clerk at that time. Any discovery disputes should be 28 addressed to the assigned magistrate judge. 1 contents of and time for filing those statements. In addition to 2 those subjects listed in Local Rule 281(b), the parties are to 3 provide the court with: (1) a plain, concise statement which 4 identifies every non-discovery motion which has been made to the 5 court, and its resolution; (2) a list of the remaining claims as 6 against each defendant; and (3) the estimated number of trial 7 days. 8 In providing the plain, concise statements of 9 undisputed facts and disputed factual issues contemplated by 10 Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 11 that remain at issue, and any remaining affirmatively pled 12 defenses thereto. If the case is to be tried to a jury, the 13 parties shall also prepare a succinct statement of the case, 14 which is appropriate for the court to read to the jury. 15 VII. TRIAL SETTING 16 The jury trial is set for March 12, 2024 at 9:00 a.m. 17 The parties estimate that the trial will last five to seven days. 18 VII. SETTLEMENT CONFERENCE 19 A Settlement Conference will be set at the time of the 20 Pretrial Conference. All parties should be prepared to advise 21 the court whether they will stipulate to the trial judge acting 22 as settlement judge and waive disqualification by virtue thereof. 23 Counsel are instructed to have a principal with full 24 settlement authority present at the Settlement Conference or to 25 be fully authorized to settle the matter on any terms. At least 26 seven calendar days before the Settlement Conference counsel for 27 each party shall submit a confidential Settlement Conference 28 Statement for review by the settlement judge. If the settlement nee enn nen nen en nnn IN IEE OS OSD 1 judge is not the trial judge, the Settlement Conference 2 Statements shall not be filed and will not otherwise be disclosed 3 to the trial judge. 4 VIII. MODIFICATIONS TO SCHEDULING ORDER 5 Any requests to modify the dates or terms of this 6 Scheduling Order, except requests to change the date of the 7 trial, may be heard and decided by the assigned Magistrate Judge. 8 All requests to change the trial date shall be heard and decided 9 only by the undersigned judge. 10 IT IS SO ORDERED. 11 | Dated: October 13, 2022 tleom ah. A. be—~ 12 WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28