Centex Homes v. Financial Pacific Insurance Company et al

Filing 69

STIPULATION and ORDER to Extend Certain Pre-Trial Deadlines, signed by Magistrate Judge Sandra M. Snyder on 8/20/09. Close of Non-Expert Discovery: 11/6/2009; Expert Disclosure: 11/20/2009; Supplemental Expert Disclosure: 12/4/2009; Close of Expe rt Discovery: 12/18/2009; Filing of Non-Dispositive Motion: 12/24/2009; Filing of Dispositive Motion: 12/24/2009; Pretrial Conference set for 1/29/2010 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; Jury Trial set for 3/16/2010 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Verduzco, M)

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DAVEN G. LOWHURST (CA BAR #124723) Email: [e-mail] AARON R. GRUBER (CA BAR #209509) Email: [e-mail] HOWREY LLP 525 Market Street, Suite 3600 San Francisco, CA 94105-3606 Tel. [phone] Fax [phone] Attorneys for Plaintiff CENTEX HOMES UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION

CENTEX HOMES, Plaintiff, vs. FINANCIAL PACIFIC INSURANCE COMPANY, AMERICAN STATES INSURANCE COMPANY, SAFECO INSURANCE COMPANY and CARR BUSINESS ENTERPRISES, INC., Defendants. RELATED CROSS/COUNTER-CLAIMS

Case No.: 1:07-CV000567-AWI-SMS STIPULATION AND ORDER TO EXTEND CERTAIN PRE-TRIAL DEADLINES Courtroom: 7 Magistrate Judge: Honorable Sandra M. Snyder Trial Date: March 16, 2010

Pursuant to the telephonic conference among the parties and the Court on July 15, 2009, the parties to the action, through their respective counsel, hereby agree and stipulate as follows, and request that the Court enter the following order approving the stipulation: WHEREAS the four above-entitled cases are not consolidated but are related by virtue of Plaintiff and Defendant Financial Pacific Insurance Company being parties to all four cases and Plaintiff having similar claims against the Defendants; WHEREAS certain discovery issues are common to each of the four cases, and the parties seek extension of certain pre-trial deadlines applicable to all four case based on the following facts;
-1STIPULATION AND [PROPOSED] ORDER TO EXTEND CERTAIN PRE-TRIAL DEADLINES

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WHEREAS the cases involve claims concerning numerous underlying state court actions for construction defects in which there were hundreds of underlying plaintiffs; WHEREAS the parties are still diligently exchanging documentation, made more time consuming because of difficulty in locating and producing certain documents relevant to their claims and defenses; WHEREAS the parties, by and through their respective counsel, are still working to resolve issues related to document conversion, accessibility and production, as well as to informally resolve various discovery disputes that have arisen; WHEREAS the parties have previously requested extension of discovery deadlines but realize they will be unable to complete discovery by the current discovery deadlines for the reasons mentioned above; WHEREAS, counsel have been recently made aware of the death of Defendant STEVEN MICHAEL PARSONS; WHEREAS the person most knowledgeable for Defendant CARR BUSINESS ENTREPRISES, INC. has been unavailable for deposition; WHEREAS, the parties have met and conferred on pre-trial deadlines at length and declare that this stipulation has been entered into based on a good faith analysis of the time necessary to conclude their discovery based on facts known to them at this time, and of the need to have nonexpert discovery completed prior to expert disclosures; WHEREAS, the mediation, previously scheduled for September 1, 2009, has been continued due to trial conflicts of defense counsel and to allow parties to complete discovery; WHEREAS, this stipulation presents dates in accordance with the new trial date set by this Court for March 16, 2010; IT IS HEREBY STIPULATED by and among the parties to this action, through their respective counsel below, that the following deadlines may be extended as set forth below: Event Current Revised deadline

-2STIPULATION AND [PROPOSED] ORDER TO EXTEND CERTAIN PRE-TRIAL DEADLINES
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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: August 10, 2009 DATED: August 10, 2009 DATED: August 10, 2009 DATED: August 10, 2009 Close of non-expert discovery Expert disclosure Supplemental expert disclosure Close of expert discovery Filing non-dispositive motion Filing dispositive motion Pre-trial conference date Trial Date

deadline 7/17/09 7/22/99 8/5/09 8/15/09 8/21/09 8/21/09 8/21/09 10/6/09 11/6/09 11/20/09 12/04/09 12/18/09 12/24/09 12/24/09 1/29/10 3/16/10

HOWREY LLP By /s/ Aaron Gruber AARON R. GRUBER Attorneys for Plaintiff CENTEX HOMES

FOTOUHI EPPS HILLGER GILROY LLP By /s/ Mark Divelbiss MARK DIVELBISS Attorneys for Defendant and Cross-Claimant FINANCIAL PACIFIC INSURANCE COMPANY ANWYL SCOFFIELD & STEPP, LLP By /s/ Pamela Lewis PAMELA LEWIS Attorneys for Defendant CARR BUSINESS ENTERPRISES, INC. SINNOTT, DITO, MOURA & PUEBLA P.C. By /s/ Stephen Wong STEPHEN WONG

-3STIPULATION AND [PROPOSED] ORDER TO EXTEND CERTAIN PRE-TRIAL DEADLINES
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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: August 10, 2009

Attorneys for Defendant and Cross-Defendant AMERICAN STATES INSURANCE COMPANY ARCHER NORRIS PLLC By /s/ Sean White SEAN WHITE Attorneys for Defendant and Cross-Claimant FINANCIAL PACIFIC INSURANCE COMPANY

-4STIPULATION AND [PROPOSED] ORDER TO EXTEND CERTAIN PRE-TRIAL DEADLINES
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RULE 7-131(e) CERTIFICATION I, Aaron R. Gruber, hereby attest, pursuant to this Court's Rule 7-131(e), that each of the other counsel identified above have authorized the submission of this Stipulation and [Proposed] Order on that counsel's behalf. Executed this 10th day of August, 2009, at Sacramento, California. /s/ Aaron R. Gruber Aaron R. Gruber Attorney for Plaintiff CENTEX HOMES ORDER The parties having so stipulated, and good cause appearing, the Court hereby revises its current Scheduling Conference Order (Document 58) to incorporate the revised deadlines set forth below: Event Current deadline Close of non-expert discovery Expert disclosure Supplemental expert disclosure Close of expert discovery Filing non-dispositive motion Filing dispositive motion Pre-trial conference date Trial Date 7/17/09 7/22/99 8/5/09 8/15/09 8/21/09 8/21/09 8/21/09 10/6/09 11/6/09 11/20/09 12/04/09 12/18/09 12/24/09 12/24/09 1/29/10 3/16/10 Revised deadline

DATED:

8/20/2009

/s/ Sandra M. Snyder Magistrate Judge of the United States District Court