Kolob Heating & Cooling v. Insurance Corp. of New York

MEMORANDUM *

Plaintiffs-Appellants Kolob Heating & Cooling, Mark Matthew Sanson and Brand Thornton (collectively “Kolob”) appeal from the district court’s grant of summary judgment to Insurance Corporation of New York (“INSCORP”) in this insurance coverage dispute. We affirm.

The district court did not abuse its discretion by considering INSCORP’s late-filed motion for summary judgment. “The district court is given broad discretion in supervising the pretrial phase of litigation, and its decisions regarding [a pretrial order] ... will not be disturbed unless they evidence a clear abuse of discretion.” Zivkovic v. So. Cal. Edison Co., 302 F.3d 1080, 1087 (9th Cir.2002) (quotation omitted). The district court found there was “good cause for the late filing.” Moreover, the motion was only four days late, and Kolob has not demonstrated that it was prejudiced by the late filing.

Nor did the district court abuse its discretion by considering the unauthenticated documents attached to INSCORP’s motion for summary judgment. The parties’ joint pretrial order stipulated the monthly reports and cancellation notices were admissible plaintiffs’ exhibits, and Kolob failed to object to the…