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

Filing 70

JOINT STIPULATION and ORDER to Continue Expert Disclosure Deadlines and Expert Discovery Cutoff Scheduling Conference Dates: Expert Disclosure by 5/18/2009; Supplemental Expert Disclosure by 7/6/2009; Expert Discovery Cutoff by 7/31/2009. signed by Judge Sandra M. Snyder on 4/27/2009. (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

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 EXPERT DISCLOSURE DEADLINES AND EXPERT DISCOVERY CUTOFF SCHEDULING CONFERENCE DATES

JUDGE: Hon. Sandra M. Snyder ACTION FILED: February 16, 2007 TRIAL DATE: November 16, 2009

WHEREAS, on December 2, 2008, the Court entered an amended Scheduling Conference Order (Document No. 47) setting forth the following deadlines, among others, in this matter: Expert Disclosure Deadline: April 27, 2009

Supplemental Expert Disclosure Deadline: May 25, 2009 Expert Discovery Cutoff: Pre-Trial Motion Filing Deadline: July 22, 2009 August 11, 2009

J O I N T STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT DISCLOSURE DEADLINES A N D EXPERT DISCOVERY CUTOFF SCHEDULING CONFERENCE DATES

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Pre-Trial Motion Hearing Deadline: Settlement Conference: Pre-Trial Conference Date: Jury Trial (5 days est.):

September 14, 2009 May 20, 2009,10:00 a.m., Dept. 7 October 7, 2009, 8:30 a.m., Dept. 4 November 16, 2009, 9 a.m., Dept. 4

WHEREAS, on April 6, 2009, Plaintiff DAIRYAMERICA, INC. ("DairyAmerica") filed its Motion for Leave to File Third Amended Complaint ("Motion") (Document Nos. 57 through 60); WHEREAS, the hearing on DairyAmerica's Motion is scheduled to be heard on May 8, 2009 at 9:30 a.m. in Courtroom 7. WHEREAS, Plaintiff and Defendants wish to continue the Expert Disclosure Deadline, Supplemental Expert Disclosure Deadline, and Expert Discovery Cutoff dates to allow DairyAmerica's Motion to be heard and ruled upon in advance of the Expert Disclosure Deadline; 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 that: 1. Subject to the Court's approval, the Expert Disclosure Deadline,

Supplemental Expert Disclosure Deadline, and Expert Discovery Cutoff Dates in this matter are continued as follows: Expert Disclosure Deadline: May 18, 2009

Supplemental Expert Disclosure Deadline: July 6, 2009 Expert Discovery Cutoff: 2. July 31, 2009

DairyAmerica and Defendant HARTFORD CASUALTY INSURANCE

COMPANY may disclose on July 6, 2009, additional experts, if any, required as a result of the Court's ruling on DairyAmerica's Motion. All parties that have appeared in this action, have signed below, indicating their agreement to this stipulation. /// /// 2
J O I N T STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT DISCLOSURE DEADLINES A N D EXPERT DISCOVERY CUTOFF SCHEDULING CONFERENCE DATES

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DATED: April 20, 2009

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

DATED: April 19, 2009

WILSON, ELSER, MOSKOWITZ, EDELMAN& DICKER By: /s/ Michael Bolechowski Michael Bolechowski Attorneys for Defendants NEW YORK MARINE AND GENERAL INSURANCE COMPANY and SOUTHERN MARINE & AVIATION UNDERWRITERS, INC.

DATED: April 17, 2009

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

DATED: April 17, 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 April 27, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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J O I N T STIPULATION AND [PROPOSED] ORDER TO CONTINUE EXPERT DISCLOSURE DEADLINES A N D EXPERT DISCOVERY CUTOFF SCHEDULING CONFERENCE DATES