The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
Discovery Cut-Off: 1/3/11
SCHEDULING CONFERENCE ORDER
Non-Dispositive Motion Filing Deadline: 1/18/11
Non-Dispositive Motion Hearing Date: 2/18/11 9:00 Ctrm. 8
Dispositive Motion Filing Deadline: 2/3/11
Dispositive Motion Hearing Date: 3/7/11 10:00 Ctrm. 3
Settlement Conference Date: 1/19/11 10:00 Ctrm. 8
Pre-Trial Conference Date: 4/11/11 11:00 Ctrm. 3
Trial Date: 5/24/11 9:00 Ctrm. 3 (JT-6 days)
I. Date of Scheduling Conference.
III. Summary of Pleadings.
1. This is a subrogation action filed by Plaintiff, Maryland Casualty Company, to recover $229,688.96 paid to or on behalf of its insured, Berkshire Properties, relating to a fire that occurred on December 21, 2008. Such fire started in a business office for Berkshire Properties, located at 1706 Chester Avenue, Bakersfield, California, at 5:52 a.m.
2. Plaintiff, Maryland Casualty, filed the Complaint for Damages in the Superior Court of California, County of Kern (Bakersfield), on December 2, 2009. The named Defendants are Electrolux Home Products, Inc., and Lowe's HIW, Inc. Plaintiff contends that a small beverage refrigerator that was in the office had a defect, which started the fire. The refrigerator was manufactured by Electrolux and sold by Lowe's.
3. The Complaint contains the following causes of action:
a. Products liability against all Defendants;
b. Strict liability against all Defendants;
c. General negligence against all Defendants.
4. On February 10, 2010, Defendant Electrolux filed a Notice of Removal of Action to the United States District Court under 28 U.S.C. § 1441(B), on the grounds that the amount in controversy exceeds $75,000 and there is complete diversity. Defendant attempted to remove the matter to the Eastern District in Bakersfield, however, the matter was assigned to this Court.
5. Plaintiff claims that the fire resulted from a defect in the beverage refrigerator. Defendants assert, however, that the fire started due to a malfunction of a small electric heater that was mounted on the wall near the subject refrigerator. As such, the key issues are:
a. Was there a defect in the subject refrigerator, and if so, did it cause the fire?
b. If there was a defect in the refrigerator, and it caused the fire, were the amounts paid by Plaintiff reasonable?
6. Plaintiff is claiming damages relating to the fire claim, in the amount of $229,688.96. The damage documents will be produced by Plaintiff to counsel for Defendants on or before April 8, 2010.
IV. Orders Re Amendments To Pleadings.
1. The parties do not anticipate amending the pleadings at this time.
A. Admitted Facts Which Are Deemed Proven Without Further Proceedings.
1. Maryland Casualty Company is licensed to do business as a casualty insurer in ...