Dairy America, Inc. v. New York Marine and General Insurance Company et al

Filing 113

JOINT STIPULATION and ORDER to Continue Scheduling Conference Dates, signed by Magistrate Judge Sandra M. Snyder on 08/18/09. Non-Expert Discovery Cutt-Off: 12/18/2009, Non-Dispositive Motion Filing Deadline: 12/23/2009, Expert Disclosure Deadline: 1 /15/2010, Supplemental Expert Disclosure Deadline: 2/19/2010, Expert Discovery Cutoff: April 23, 2010, Dispositive Motion Filing Deadline: 5/19/2010. Settlement Conference set for 5/10/2010 at 10:00 AM in Courtroom 7 (SMS) before Magistrate Judge San dra M. Snyder. Pretrial Conference set for 7/15/2010 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. Jury Trial set for 8/31/2010 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. (Gaumnitz, R)

Charles K. Manock Sherrie M. Flynn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAIRYAMERICA, INC., A t t o r n e ys for
F IG G A R D E N F IN A N C IA L C E N T E R

#161633 #240215

B AK E R , M AN O C K & J E N S E N , P C
5260 NORTH PALM AVENUE, FOURTH FLOOR

FRESNO, CALIFORNIA 93704-2209 TE L E P H O N E [phone] TE L E C O P IE R [phone]

Plaintiff DAIRYAMERICA, INC.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

) ) Plaintiff, ) ) v. ) ) NEW YORK MARINE AND GENERAL ) INSURANCE COMPANY; CRUMP ) INSURANCE SERVICES d.b.a. SOUTHERN ) MARINE & AVIATION UNDERWRITERS; ) ARTHUR J. GALLAGHER & CO.; and ) HARTFORD CASUALTY INSURANCE ) COMPANY; and DOES 1 through 75 ) ) Defendants. ) )

Case No.: 1:07-cv-00537-LJO-SMS JOINT STIPULATION AND ORDER TO CONTINUE SCHEDULING CONFERENCE DATES

ACTION FILED: February 16, 2007 TRIAL DATE: November 16, 2009

WHEREAS, on December 2, 2008, the Court entered a Joint Stipulation and Order to Continue Scheduling Conference Dates (Document 47) setting the following dates in this action: Non-Expert Discovery Cutoff: Expert Disclosure Deadline: March 27, 2009 April 27, 2009

Supplemental Expert Disclosure Deadline: May 25, 2009 Expert Discovery Cutoff: Pre-Trial Motion Filing Deadline: Pre-Trial Motion Hearing Deadline: Settlement Conference: July 22, 2009 August 11, 2009 September 14, 2009 May 20, 2009,10:00 a.m., Dept. 7

J O I N T STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE DATES

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Pre-Trial Conference Date: Jury Trial (5 days est.):

October 7, 2009, 8:30 a.m., Dept. 4 November 16, 2009, 9:00 a.m., Dept. 4

WHEREAS, on April 6, 2009, Plaintiff DAIRYAMERICA, INC. ("DairyAmerica") filed a Motion for Leave to File Third Amended Complaint (Documents 57-60) ("Motion to Amend") requesting the Court grant DairyAmerica leave to amend to add a bad faith cause of action against Defendant HARTFORD CASUALTY INSURANCE COMPANY ("Hartford"); WHEREAS, on April 20, 2009, the parties, wishing to continue certain Scheduling Conference dates to allow DairyAmerica's Motion to Amend to be heard and ruled upon in advance of the Expert Disclosure Deadline, filed a Joint Stipulation and Proposed Order to Continue Expert Disclosure Deadlines and Expert Discovery Cutoff Dates (Document 63); WHEREAS, on April 27, 2009, the Court entered a Joint Stipulation and Order (Document 70) continuing the Expert Disclosure Deadline to May 18, 2009, Supplemental Expert Disclosure Deadline to July 6, 2009, and the Expert Discovery Cutoff to July 31, 2009; WHEREAS, on May 7, 2009, the Court entered an Order Vacating Hearing on Motion for Leave to File Third Amended Complaint and Deeming Motion Submitted for Decision, Order Granting Plaintiff's Motion for Leave to File Third Amended Complaint, Order Directing the Parties to Proceed and Serve and Respond to The Third Amended Complaint, Order to the Parties Concerning Scheduling, and Order Setting a Telephonic Status Conference ("Order") (Document 73); WHEREAS, the Order directed Plaintiff to file its Third Amended Complaint, directed the parties to proceed diligently with service of, and responses to the Third Amended Complaint, and directed the parties to meet and confer and prepare and file an amended joint scheduling conference statement proposing new scheduling conference dates in preparation for a Telephonic Status Conference set for June 2, 2009; WHEREAS, on May 13, 2009, the Court entered a Minute Order vacating the May 20, 2009, Settlement Conference, stating that the Settlement Conference date could be re-addressed in the Telephonic Status Conference set for June 2, 2009; /// 2
J O I N T STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE DATES

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WHEREAS, on May 13, 2009, Defendants NEW YORK MARINE AND GENERAL INSURANCE COMPANY ("New York Marine") and CRUMP INSURANCE SERVICES d.b.a. SOUTHERN MARINE & AVIATION UNDERWRITERS ("Southern Marine") filed a Motion for Summary Judgment (Documents 77-80, 82-83); WHEREAS, on May 22, 2009, the parties, in compliance with the Court's Order, filed an Amended Joint Scheduling Conference Statement (Document 85); WHEREAS, on May 29, 2009, the Court, in light of New York Marine and Southern Marine's pending Motion for Summary Judgment, entered a Minute Order continuing the Telephonic Status Conference from June 2, 2009 to August 10, 2009 (Document 88 - Text Order Entry); WHEREAS, on June 11, 2009, the Court entered its Summary Judgment Decision, granting New York Marine's and Southern Marine's Motion for Summary Judgment (Document 101), and entered Judgment in favor of New York Marine and Southern Marine (Document 102); WHEREAS, on June 12, 2009, the Court terminated parties New York Marine and Southern Marine; WHEREAS, on August 10, 2009, the remaining parties, DairyAmerica; and Defendants ARTHUR J. GALLAGHER & CO. ("Gallagher") and Hartford attended the Telephonic Status Conference with the Honorable Sandra M. Snyder and agreed that with the filing of the Third Amended Complaint adding a bad faith cause of action against Hartford, the entire scheduling of the case needed to be revised, and that DairyAmerica's counsel shall draft a stipulation, including an explanation of the reasons for another amended scheduling; WHEREAS, on August 10, 2009, the Court entered Minutes from the Telephonic Status Conference (Document 111 - Text Only Entry); and WHEREAS, the parties, due to the filing of the Third Amended Complaint, wish to set revised Scheduling Conference Dates to permit DairyAmerica's bad faith claim against Hartford to be fully investigated including, but not limited to, the reopening of non-expert discovery to allow for additional written discovery and additional deposition of lay witnesses as to DairyAmerica's bad faith claim; 3
J O I N T STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE DATES

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Accordingly, pursuant to the Local Rules of the United States District Court for the Eastern District of California, Rules 6-144 and 83-143, Plaintiff and Defendants, by and through their respective attorneys of record, STIPULATE AND AGREE on the following continued Scheduling Conference Dates: Non-Expert Discovery Cut-Off: Non-Dispositive Motion Filing Deadline: Non-Dispositive Hearing Deadline: Expert Disclosure Deadline: December 18, 2009 December 23, 2009 January 22, 2010 January 15, 2010

Supplemental Expert Disclosure Deadline: February 19, 2010 Expert Discovery Cutoff: Settlement Conference: (was 5/20/09) Dispositive Motion Filing Deadline: Dispositive Motion Hearing Deadline: Pre-Trial Conference Date: (was 10/7/09) Jury Trial Date: (was 11/16/09) April 23, 2010 May 10, 2010 at 10:00am before Judge Snyder May 19, 2010 June 25, 2010 July 15, 2010 at 8:30am before Judge O'Neill August 31, 2010 at 8:30am before Judge O'Neill

All parties that have appeared in this action, have signed below, indicating their agreement to this stipulation.

DATED: August 14, 2009

BAKER MANOCK & JENSEN, PC By: /s/ Sherrie M. Flynn Charles K. Manock Sherrie M. Flynn Attorneys for Plaintiff DAIRYAMERICA, INC.

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J O I N T STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE DATES

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DATED: August 14, 2009

SNYDER LAW, A PROFESSIONAL CORPORATION By: /s/ Barry Snyder Barry Clifford Snyder Ashley Ann Doris Attorneys for Defendant ARTHUR J. GALLAGHER & CO.

DATED: August 14, 2009

CANNON & NELMS By: /s/ Robert W. Nelms Robert W. Nelms Attorneys for Defendant HARTFORD CASUALTY INSURANCE COMPANY

PURSUANT TO THIS STIPULATION

IT IS SO ORDERED. Dated: icido3 August 18, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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J O I N T STIPULATION AND [PROPOSED] ORDER TO CONTINUE SCHEDULING CONFERENCE DATES