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Unionamerica Insurance Co., Limited v. Fort Miller Group

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 14, 2009

UNIONAMERICA INSURANCE CO., LIMITED, SUCCESSOR-IN-INTEREST TO ST. PAUL REINSURANCE, PLAINTIFF(S),
v.
THE FORT MILLER GROUP, INC., THE FORT MILLER CO. AND BEECHE SYSTEMS CORP., DEFENDANT(S).

The opinion of the court was delivered by: Bernard Zimmerman United States Magistrate Judge

PRETRIAL PREPARATION ORDER

The trial scheduled to begin February 23, 2009 is a bench trial limited to Unionamerica's claims and Fort Miller's answer and affirmative defenses to those claims. The issues presented by Fort Miller's counterclaim have been severed for trial and their prosecution STAYED pending a ruling on the rescission claim. See Order Staying Counterclaim dated October 30, 2008. Notwithstanding this Order and the Stipulation and Order permitting Unionamerica to withdraw its jury trial demand dated October 6, 2008, pretrial documents in apparent violation of these Orders have been filed. See, for example, document 258, Fort Miller's proposed jury instructions. The Court intends to abide by its October 30, 2008 Order and only consider at the pretrial conference issues that pertain to the February 23, 2009 bench trial on the rescission claim. The parties are therefore ORDERED to review their pretrial filings and withdraw all filings that are not consistent with the October 30, 2008 Order by 4:00 p.m. tomorrow, January 15, 2009, so that the Court will not waste its time reviewing unnecessary filings. Unionamerica has delivered to chambers 8 boxes marked "Plaintiff's Exhibits" as well as boxes marked "Plaintiff's Exhibits" to my deputy clerk. The exhibits are in 6" binders which are too heavy for the Court and staff to lift. Unionamerica was previously advised of this when it submitted similar binders in connection with its summary judgment motion. Unionamerica is ORDERED to replace the existing binders by 4:00 p.m. on January 16, 2009. The new binders shall be no more than 3" thick.

20090114

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