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

Filing 130

Joint STIPULATION and ORDER to Allow Plaintiff Dairy America, Inc. to Propound Additional Special Interrogatories, signed by Judge Sandra M. Snyder on 11/13/2009. (Herman, H)

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

F RESNO, 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 ALLOW PLAINTIFF DAIRYAMERICA, INC. TO PROPOUND ADDITIONAL SPECIAL INTERROGATORIES

ACTION FILED: February 16, 2007 TRIAL DATE: August 30, 2010

WHEREAS, the Court granted Plaintiff DAIRYAMERICA, INC. ("DairyAmerica") leave to file a Third Amended Complaint adding a cause of action for bad faith against Defendant HARTFORD CASUALTY INSURANCE COMPANY ("Hartford"), after Plaintiff had propounded a set of Special Interrogatories under Federal Rules of Civil Procedure, Rule 33; and WHEREAS, the facts relating to DairyAmerica's claim of bad faith are numerous. Accordingly, pursuant to the Local Rules of the United States District Court for the Eastern District of California, Rule 83-143, Plaintiff and Defendant, by and through their respective attorneys of record, STIPULATE AND AGREE as follows: ///

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

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 Dated: icido3

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DairyAmerica can propound on Hartford a total of no more than 35 special

interrogatories pursuant to Federal Rule of Civil Procedure, Rule 33, and Hartford agrees to respond to no more than 35 special interrogatories from DairyAmerica; and 2. Hartford can propound on DairyAmerica a total of no more than 35 special

interrogatories pursuant to Federal Rule of Civil Procedure, Rule 33, and Plaintiff DairyAmerica agrees to respond to no more than 35 special interrogatories from Hartford. All parties that have appeared in this action and are affected by the stipulation, have signed below, indicating their agreement to this stipulation. DATED: November 13, 2009 BAKER MANOCK & JENSEN, PC By: /s/ Sherrie M. Flynn Charles K. Manock Sherrie M. Flynn Attorneys for Plaintiff DAIRYAMERICA, INC. DATED: November 13, 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. November 13, 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