Faalevao v. Mechem et al

Filing 38

ORDER GRANTING Defendant Timothy Mechem, Motion (1) To Compel Interrogatories, (2) To Compel Responses to Requests For Production of Documents, (3) To Compel Attendance at Physical Examination, (4) To Compel Attendance at Deposition, (5) To Modify Sc heduling Order Dates and (6) To Continue the Trial Date, signed by Judge Oliver W. Wanger on 5/24/2011. (Written Disclosures of Expert Witnesses due 10/7/2011, Discovery cut-off 12/6/2011, Rebuttal/Supplemental Expert witness disclosure due 11/7/ 2011, Non-Dispositive Motions to be filed by 12/20/2011, Non-Dispositive Motions Hearing set for 1/20/2012 at 09:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin, Dispositive Motions to be filed by 1/6/2012, Dispositive Motion Heari ng date set for 2/6/2012 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Settlement Conference previously set for 7/13/2011 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin remains, Pretrial Conference set for 2/27/2012 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, and Jury Trial set for 5/1/2012 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. (Gaumnitz, R)

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A U C H A R D & S TEW A R T
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
2377 W. SHAW AVE., STE. 106
FRESNO, CA 93711-3438
TELEPHONE [phone]
FAX [phone]

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Paul Auchard - 060474

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Attorneys for Defendant, TIMOTHY MECHEM

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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*****

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LIA CHARLENE FAALEVAO,

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Plaintiff,
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vs.
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TIMOTHY DAVENPORT MECHEM AND )
ALLSTATE INSURANCE COMPANY,
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Defendants.
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CASE NUMBER: 1:10-CV-00688 OWW GSA
FILING DATE: April 19, 2010

ORDER GRANTING DEFENDANT,
TIMOTHY MECHEM, MOTION (1) TO
C O M PE L
A N S W E R S
T O
INTERROGATORIES, (2) TO COMPEL
RESPONSES TO REQUESTS FOR
PRODUCTION OF DOCUMENTS, (3) TO
COMPEL ATTENDANCE AT PHYSICAL
EXAMINATION, (4) TO COMPEL
ATTENDANCE AT DEPOSITION, (5) TO
MODIFY SCHEDULING ORDER DATES,
AND (6) TO CONTINUE THE TRIAL DATE

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The above matter having come before the Court upon Defendant, TIMOTHY MECHEM'S

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Motion (1) to Compel Answers to Interrogatories, (2) to Compel Responses to Requests for

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Production of Documents, (3) to Compel Attendance at Physical Examination, (4) to Compel

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Attendance at Deposition, (5) to Modify Scheduling Order Dates, and (6) to Continue the

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Trial Date, Or, in the Alternative, (7) to Dismiss the Action. Paul Auchard appeared for

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defendant, Timothy Davenport Mechem; no appearance was made by plaintiff.

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IT IS HEREBY ORDERED:

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1.

Plaintiff shall provide the Rule 26 disclosures within 30 days.

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2.

Plaintiff shall answer the interrogatories propounded by defendants within 30 days.

Case No. 1:10-cv-0688 OWW GAS
Order Granting Defendant, Timothy Mechem, Motion (1) to Compel Answers to Interrogatories, (2) to Compel Responses to Requests for Production
of Documents, (3) to Compel Attendance at Physical Examination, (4) to Compel Attendance at Deposition, (5) to Modify Scheduling Order Dates,
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and (6) to Continue the Trial Date

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3.

Plaintiff shall respond to defendant’s request for production of documents within 30

4.

Plaintiff shall appear for a medical examination by Dr. H.B. Morgan on June 9, 2011,

days.

at 2:00 p.m. in the offices of Dr. Morgan located at 5690 N. Fresno St., #110, Fresno, California.
5.

Plaintiff shall appear for her deposition on June 9, 2011, at 9:00 a.m. at the offices

of Auchard & Stewart, 2377 W. Shaw, Suite 106, Fresno, California.
6.

Defendant shall pay plaintiff's reasonable travel and lodging expenses for the medical

examination and deposition referred to in paragraphs 3 and 4 from Portland, Oregon.
7.

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The scheduling conference dates are continued as follows:
a.

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Deadline for written disclosures of expert witnesses from 4/1/11 to
10/7/2011;

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b.

Discovery Cut-Off from 6/1/11 to 12/6/2011;

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c.

Deadline for rebuttal or supplemental expert witness disclosures from 5/2/11

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to 11/7/2011;

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d.

Non-Dispositive Motion filing deadline from 6/15/11 to 12/20/2011;

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e.

Non-Dispositive Motion Hearing Date from 7/15/11 9:00 a.m. in Courtroom

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10 to 1/20/2012 9:00 a.m. in Courtroom 10;

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f.

Dispositive Motion Filing deadline from 7/1/11 to 1/6/2012;

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g.

Dispositive Motion Hearing Date from 8/1/11 10:00 a.m. in Courtroom 3 to

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2/6/2012 10:00 a.m. in Courtroom 3.
8.

The mandatory settlement conference now scheduled for July 13, 2011, at 10:00 a.m.

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in Courtroom 10 before the Hon. Gary S. Austin, United States Magistrate Judge, shall remain on

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calendar.

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9.

The pretrial hearing previously scheduled for September 12, 2011, at 11:00 a.m. in

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Courtroom 3, Seventh floor, before the Hon. Oliver W. Wanger, United States District Judge, shall

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be continued to February 27, 2012, at 11:00 a.m. in Courtroom 3.

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10.

The trial date previously scheduled for October 25, 2011 at 9 AM in Courtroom 3,

Seventh floor, before the Hon. Olivera W. Wanger, United States District Judge, shall be continued
Case No. 1:10-cv-0688 OWW GAS
Order Granting Defendant, Timothy Mechem, Motion (1) to Compel Answers to Interrogatories, (2) to Compel Responses to Requests for Production
of Documents, (3) to Compel Attendance at Physical Examination, (4) to Compel Attendance at Deposition, (5) to Modify Scheduling Order Dates,
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and (6) to Continue the Trial Date

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to May 1, 2012, at 9:00 a.m. in Courtroom 3.
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The motion to dismiss is denied without prejudice to defendant refiling such a motion

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should plaintiff fail to comply with any of these orders.

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IT IS SO ORDERED.

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DATED: May 24, 2011

/s/ OLIVER W. WANGER
UNITED STATES DISTRICT JUDGE

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Case No. 1:10-cv-0688 OWW GAS
Order Granting Defendant, Timothy Mechem, Motion (1) to Compel Answers to Interrogatories, (2) to Compel Responses to Requests for Production
of Documents, (3) to Compel Attendance at Physical Examination, (4) to Compel Attendance at Deposition, (5) to Modify Scheduling Order Dates,
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and (6) to Continue the Trial Date