PLAINTIFF'S MOTION FOR ORDER GRANTING PREFERENCE IN SETTING CASE FOR TRIAL, AND EXTENDING DISCOVERY CUTOFF
SF Superior Court - Asbestos Law & Motion - CGC25277354 - July 14, 2026 Hearing date: July 14, 2026 Case number: CGC25277354 Case title: EDWIN ELWELL ET AL VS. AGCO CORPORATION ET AL Case Number: | | CGC25277354 | Case Title: | | EDWIN ELWELL ET AL VS. AGCO CORPORATION ET AL | Court Date: | | 2026-07-14 09:00 AM | Calendar Matter: | | PLAINTIFF'S MOTION FOR ORDER GRANTING PREFERENCE IN SETTING CASE FOR TRIAL, AND EXTENDING DISCOVERY CUTOFF - FOR TENTATIVE RULING PURPOSES ONLY | Rulings: | | (tentative ruling 2 of 2) 4. Electronic service is considered the equivalent of personal service.
5. The fact discovery cut-off date is October 16, 2026.
6. The expert discovery cut-off date is October 30, 2026.
7. All bankruptcy documents shall be turned over to defendants no later than August 13, 2026. a. If Plaintiff submits documents to bankruptcy trusts after this date, they must notify Defendants no later than five days after submission. b. The fact discovery cut-off does not apply to bankruptcy documents.
8. No later than July 28, 2026: a. Plaintiff must provide a statement to each Defendant stating the name and contact information of each lay person with knowledge of any facts supporting Plaintiff's claims as to each Defendant. b. Defendants must provide a statement stating the name and contact information of each lay person with knowledge of facts supporting Defendant's affirmative defenses. c. Any person not identified on the statements may be barred from testifying at trial or presenting a declaration on a summary judgment motion.
9. A further case management conference is set for September 15, 2026, at 9:00 a.m. a. Case management conference statements are not required. b. Parties may appear at the conference by zoom. c. If the parties agree that no CMC is necessary, they shall notify the Court at least two court days before the hearing.
10. Plaintiffs will send a settlement demand to Defendants no later than September 21, 2026. Response to the settlement demand is due October 5, 2026. The parties shall separately submit confidential settlement demands/offers. This confidential value must be separately submitted to Department305@sftc.org via electronic mail on October 12, 2026.
11. A mandatory settlement conference is set for Thursday, October 29, 2026, at 9:30 a.m. in Department 305. Personal appearance is required by all unless a party is excused for good cause. A request to excuse a personal appearance must be submitted to Department305@sftc.org two weeks before the mandatory settlement conference. The moving party shall lodge with the clerk in Department 502 by the time set for this hearing a proposed order repeating verbatim the substantive portion of the tentative ruling. Any party wishing to contest the tentative ruling must email contestasbestostr@sftc.org by 4:00 p.m. the day before the hearing and state their intention to contest. If a hearing is requested, it will be on July 14, 2026, at 4:00 p.m in Department 502. Attorneys may appear in person or remotely via zoom: Meeting ID 161 9575 2444; Passcode: 145616. = (SKF/502) | |
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