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Opinion

govinfo:USCOURTS-caed-2_26-cv-00550-0

U.S. District Court for the Eastern District of California · 2026-06-04

· GavelSight synced 2026-09-06 03:32:21

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UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF CALIFORNIA 
----oo0oo---- 
 
NLC CA, INC., QUANTA 
SERVICES, INC., 
MATTHEW CLAYTON COMPHER, and 
JUSTIN VAUGHAN, 
Plaintiffs, 
v. 
ZURICH AMERICAN INSURANCE 
COMPANY, 
Defendant. 
No. 2:26-cv-550 WBS AC 
 
 
 
----oo0oo---- 
STATUS (PRETRIAL SCHEDULING) ORDER 
After reviewing the parties’ Joint Status Report, the 
court hereby vacates the Status (Pretrial Scheduling) Conference 
scheduled for June 15, 2026, and makes the following findings and 
orders without needing to consult with the parties any further. 
I. SERVICE OF PROCESS 
All defendants have been served, and no further service 
is permitted without leave of court, good cause having been shown 

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under Federal Rule of Civil Procedure 16(b). 
II. JOINDER OF PARTIES/AMENDMENTS 
No further joinder of parties or amendments to 
pleadings will be permitted except with leave of court, good 
cause having been shown under Federal Rule of Civil Procedure 
16(b). See Johnson v. Mammoth Recreations, Inc., 975 F.2d 604 
(9th Cir. 1992). 
III. JURISDICTION/VENUE 
Jurisdiction in this insurance coverage case is 
predicated upon 28 U.S.C. § 1332, because the parties are 
completely diverse and the amount in controversy is greater than 
$75,000.00. Venue is undisputed and hereby found to be proper. 
IV. DISCOVERY 
The parties agree to serve the initial disclosures 
required by Federal Rule of Civil Procedure 26(a)(1) on or before 
June 4, 2026. 
The parties shall disclose experts and produce reports 
in accordance with Federal Rule of Civil Procedure 26(a)(2) by no 
later than April 12, 2027. With regard to expert testimony 
intended solely for rebuttal, those experts shall be disclosed 
and reports produced in accordance with Federal Rule of Civil 
Procedure 26(a)(2) on or before May 10, 2027. 
All discovery, including depositions for preservation 
of testimony, is left open, save and except that it shall be so 
conducted as to be completed by June 14, 2027. The word 
“completed” means that all discovery shall have been conducted so 
that all depositions have been taken and any disputes relevant to 
discovery shall have been resolved by appropriate order if 

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necessary and, where discovery has been ordered, the order has 
been obeyed. All motions to compel discovery must be noticed on 
the magistrate judge’s calendar in accordance with the local 
rules of this court and so that such motions may be heard (and 
any resulting orders obeyed) not later than June 14, 2027. 
V. MOTION HEARING SCHEDULE 
All motions, except motions for continuances, temporary 
restraining orders, or other emergency applications, shall be 
filed on or before September 7, 2027. All motions shall be 
noticed for the next available hearing date. Counsel are 
cautioned to refer to the local rules regarding the requirements 
for noticing and opposing such motions on the court’s regularly 
scheduled law and motion calendar. 
VI. FINAL PRETRIAL CONFERENCE 
The Final Pretrial Conference is set for November 15, 
2027, at 1:30 p.m. in Courtroom No. 5. The conference shall be 
attended by at least one of the attorneys who will conduct the 
trial for each of the parties and by any unrepresented parties. 
Counsel for all parties are to be fully prepared for 
trial at the time of the Pretrial Conference, with no matters 
remaining to be accomplished except production of witnesses for 
oral testimony. Counsel shall file separate pretrial statements, 
and are referred to Local Rules 281 and 282 relating to the 
contents of and time for filing those statements. In addition to 
those subjects listed in Local Rule 281(b), the parties are to 
provide the court with: (1) a plain, concise statement which 
identifies every non-discovery motion which has been made to the 
court, and its resolution; (2) a list of the remaining claims as 

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against each defendant; and (3) the estimated number of trial 
days. 
In providing the plain, concise statements of 
undisputed facts and disputed factual issues contemplated by 
Local Rule 281(b)(3)-(4), the parties shall emphasize the claims 
that remain at issue, and any remaining affirmatively pled 
defenses thereto. If the case is to be tried to a jury, the 
parties shall also prepare a succinct statement of the case, 
which is appropriate for the court to read to the jury. 
VII. TRIAL SETTING 
The jury trial is set for January 19, 2028, at 9:00 a.m. 
The parties estimate that the trial will last 5-7 days. 
VIII. SETTLEMENT CONFERENCE 
A Settlement Conference with a magistrate judge will be 
set at the time of the Pretrial Conference. Counsel are 
instructed to have a principal with full settlement authority 
present at the Settlement Conference or to be fully authorized to 
settle the matter on any terms. At least seven calendar days 
before the Settlement Conference counsel for each party shall 
submit a confidential Settlement Conference Statement for review 
by the settlement judge. The Settlement Conference Statements 
shall not be filed and will not otherwise be disclosed to the 
trial judge. 
IX. MODIFICATIONS TO SCHEDULING ORDER 
Any requests to modify the dates or terms of this 
Scheduling Order, except requests to change the date of the 
trial, may be heard and decided by the assigned Magistrate Judge. 
All requests to change the trial date shall be heard and decided 

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only by the undersigned judge. 
IT IS SO ORDERED. 
Dated: June 3, 2026 
 
 
 

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