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Lennar Mare Island, LLC v. Status Steadfact Insurance Company

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 28, 2013

LENNAR MARE ISLAND, LLC,
PLAINTIFF,
v.
STATUS STEADFACT INSURANCE COMPANY, DEFENDANT.

ORDER

An initial scheduling conference was held in this case on January 10, 2013; Ryan Werner appeared for plaintiff; David Campagne and Deborah Ballati appeared for defendant. Having reviewed the parties' Joint Status Report filed on January 3, 2013, and discussed a schedule for the case with counsel at the hearing, the court makes the following orders:

I. SERVICE OF PROCESS

All named defendants have been served and no further service is permitted without leave of court, good cause having been shown.

II. ADDITIONAL PARTIES/AMENDMENTS/PLEADINGS Steadfast shall have until ninety (90) days from the status conference to join the U.S. Navy as a party. No further joinder of parties or amendments to pleadings is permitted without leave of court, good cause having been shown. See FED. R. CIV. P. 16(b); Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 (9th Cir. 1992).

III. JURISDICTION/VENUE

Jurisdiction is predicated upon 28 U.S.C. §§ 1332(a) and 1441(b). Jurisdiction and venue are not disputed.

IV. DISCOVERY

LMI represents that it has completed its initial disclosures; defendants question whether disclosure is complete. All remaining initial disclosures to be completed within sixty (60) days of status conference date; disclosures by Steadfast shall be made on a rolling basis, such that as a claim file or other discreet set of disclosures is available, it shall be produced to other parties. Discovery may proceed, as needed to exhaust parties' efforts to reach stipulations and narrow issues that need to be litigated, and within limits set by Federal Rules of Civil Procedure. All motions to compel discovery must be noticed on the magistrate judge's calendar in accordance with the local rules of this court. While the assigned magistrate judge reviews proposed discovery phase protective orders, requests to seal or redact are decided by Judge Mueller as discussed in more detail below.

V. FURTHER STATUS

A further status is set for April 18, 2013, for discussion of further phased scheduling. The parties shall file seven (7) days before a joint status report covering the status of discovery, any stipulations reached, additional discovery any party believes necessary and a proposed schedule for the balance of the case.

VI. MODIFICATION OF STATUS ORDER

The parties are reminded that pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, the Status (Pretrial Scheduling) Order shall not be modified except by leave of court upon a showing of good cause. Agreement by the parties pursuant to stipulation alone does not constitute good cause. Except in extraordinary circumstances, unavailability of witnesses or counsel does not constitute good cause.

VII. OBJECTIONS TO STATUS ORDER

This Status Order will become final without further order of the court unless objections are filed within fourteen (14) calendar days of service of this Order.

IT IS SO ORDERED.

20130128

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