Gaylord, et al v. Nationwide Mutual Insurance Company, et al

Filing 15

ORDER GRANTING STIPULATION TO EXTEND DISCOVERY DEADLINES signed by Magistrate Judge Michael J. Seng on 11/30/2010. (Yu, L)

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THOMAS M. HERLIHY (SBN 83615) JOHN BURNITE (SBN 162223) LISA S. PASSALACQUA (SBN 161990) WILSON, ELSER, MOSKOWITZ, EDELMAN& DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendants, NATIONWIDE MUTUAL INSURANCE COMPANY and AMCO INSURANCE COMPANY ROGER M. SCHRIMP (SBN 039379) GEORGE P. RODARKIS (SBN 222214) DAMRELL, NELSON, SCHRIMP, PALLIOS, PACHER & SILVA 1601 I. Street, Fifth Floor Modesto, CA 95354 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION TED GAYLORD and SHERI GAYLORD, as ) Case No.: 1:10-00620-AWI-MJS individuals and dba J&T CATTLE COMPANY, ) ) STIPULATION TO EXTEND Plaintiffs ) DISCOVERY DEADLINES AND ORDER ) vs. ) ) NATIONWIDE MUTUAL INSURANCE) COMPANY, an Ohio Corporation, AMCO) INSURANCE COMPANY, an Iowa Corporation;) ALLIED GROUP, INC, an Iowa Corporation; and) DOES 1 through 100, ) ) Defendants.

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STIPULATION TO CONTINUE DISCOVERY DEADLINES 609383.1

CASE NO. 1:10-00620-AWI-MJS

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Plaintiffs Ted and Sheri Gaylord and defendants Nationwide Mutual Insurance Company and AMCO Insurance Company, through their attorneys of record, hereby submit this stipulated request for an Order continuing discovery deadlines in the above-referenced matter as follows: Non Expert Discovery: Expert Disclosure: Supplemental Expert Disclosure Non-Dispositive Pre-Trial Motions filed by Non- Dispositive Pre-Trial Motion Hearing Date Expert Discovery CutOff Dispositive Motion Deadline From 11/26/10 to 03/11/11 From 12/01/10 to 03/18/11 From 12/17/10 to 04/01/11 From 01/24/11 to 04/08/11 From 02/25/11 to 05/09/11 From 01/20/11 to 05/11/11 Remains 03/11/11

In support of this stipulated request, I Lisa Silva Passalacqua, do hereby declare: 1. I am an attorney at law, licensed to practice in all courts in the State of California and

an attorney with the law firm of Wilson, Elser, Moskowitz, Edelman & Dicker LLP, counsel of record for Nationwide Mutual Life Insurance Company and AMCO Insurance Company. I have personal knowledge of the facts stated herein, and am competent to testify to the same. The matters set forth herein are true and correct to the best of my knowledge and belief as follows: 2. Plaintiffs' counsel George Rodarakis and I have discussed the Scheduling Order

presently in place in this case. In an effort to minimize the attorney's fees and costs to our clients and judicial efficiency, we have agreed to continue the discovery deadlines as set forth above in order to have a summary judgment motion heard prior to concluding discovery. This will enable the parties to possibly eliminate or reduce attorney's fees incurred in conducting extensive discovery depending on the Court's ruling on the summary judgment motion.
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STIPULATION TO CONTINUE DISCOVERY DEADLINES 609383.1

Other than the discovery

CASE NO. 1:10-00620-AWI-MJS

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related deadlines set forth above, no other Court ordered dates, including the dispositive motion date, pre-trial dates or the trial date, will be impacted by this Stipulation. Dated: November 24, 2010 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

By:___________/s/_____________________________ Lisa S. Passalacqua Attorneys for Defendant Nationwide Mutual Life Insurance Company and AMCO Insurance Company SO STIPULATED Dated: November 24, 2010 DAMRELL NELSON SCHRIMP PALLIOS PACHER & SILVA

By:___________/s/_____________________________ George P. Rodarakis Attorneys for Plaintiffs Ted and Sheri Gaylord ORDER

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

November 30, 2010

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE ci4d6
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STIPULATION TO CONTINUE DISCOVERY DEADLINES 609383.1

CASE NO. 1:10-00620-AWI-MJS