Golden Memorial Insurance Services v. Secured Serenity, Inc. et al

Filing 52

STIPULATION and ORDER CONTINUING Expert Disclosure Deadline (Doc. 51 ), Signed by Magistrate Judge Barbara A. McAuliffe on 11/28/2012. The expert disclosure cutoff of 12/3/2012 is continued until 1/4/2013. (Arellano, S.)

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1 LARIVIERE, GRUBMAN & PAYNE, LLP Robert W. Payne, Esq. (Bar No. 073901) 2 Christopher J. Passarelli (Bar No. 241174) Post Office Box 3140 3 19 Upper Ragsdale Drive Monterey, CA 93942-3140 Telephone: (831) 649-8800 4 Facsimile: (831) 649-8835 5 Attorneys for Plaintiff GOLDEN MEMORIAL 6 INSURANCE SERVICES, INC. 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GOLDEN MEMORIAL INSURANCE SERVICES, INC., a California corporation, 12 Plaintiff, 13 vs. 14 SECURED SERENITY, INC., a California corporation, GOLDEN MEMORIAL COMPANIES, INC., a California corporation, GOLDEN MEMORIAL PLAN, INC., a California corporation, LAURO HERRERA, an Individual, ROBERT PAUL “BO” CLARK, JR., an Individual, GUADALUPE “JOE” GONZALEZ, an Individual AND DOES 1-10 INCLUSIVE, 15 16 17 18 19 20 21 22 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No: 1:11-cv-01058-LJO-BAM STIPULATION AND ORDER CONTINUING EXPERT DISCLOSURE DEADLINE Pursuant to Local Rules 6-2 and 7-12, Plaintiff, Golden Memorial Insurance Services, Inc. (“Plaintiff”) and Defendants Secured Serenity, Inc., a California corporation, Golden 23 Memorial Companies, Inc., a California corporation, Golden Memorial Plan, Inc., a California 24 25 corporation, Lauro Herrera, an Individual, and Guadalupe “Joe” Gonzalez, an Individual 26 (collectively, “Defendants”) for good cause pursuant to Federal Rules of Civil Procedure, Rule 27 28 30 31 1 1 16(b)(4), hereby request continuation of the scheduled expert disclosures exchange date from 2 December 3, 2012 to January 4, 2013. In support of such request, the parties state as follows: 3 There is significant outstanding discovery to be conducted by both parties, including nine 4 (9) sets of discovery requests from Defendants that remain outstanding, and an additional three 5 6 30(b)(6) depositions scheduled from December 10th through December 12th, 2012; a third party 7 witness deposition which has been postponed, a deposition of the owner of Golden Memorial 8 scheduled for December 13, 2012, and the deposition of a Golden Memorial employee scheduled 9 for December 14, 2012. 10 11 On or about October 31, 2012, Plaintiff settled in principle its case against Robert Paul “Bo” Clark and filed a Stipulated Dismissal with Prejudice of Defendant Clark on November 26, 12 13 2012. Currently there are active discussions regarding further settlements, and further 14 15 resolutions are expected shortly. 16 With the foregoing significant developments in this case, and the anticipated settlement, 17 the parties ask that the expert exchange be continued to January 4, 2013. 18 The trial date is not until May 2013, and this is the first request for a change in the expert 19 disclosure deadline. 20 21 // 22 // 23 // 24 // 25 // 26 // 27 28 30 31 2 1 NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE AS FOLLOWS: 2 The expert disclosure cutoff of December 3, 2012 is continued until January 4, 2013 to 3 provide ample time to complete outstanding discovery matters or alternatively, to conclude 4 settlement with remaining parties to this matter. 5 6 Dated: November 26, 2012 7 LARIVIERE, GRUBMAN & PAYNE, LLP By: 8 /s/ Christopher J. Passarelli Christopher J. Passarelli Attorneys for Plaintiff 9 Dated: November 26, 2012 TINGLEY PIONTKOWSKI LLP 10 11 By: 12 /s/ Bruce Piontkowski Bruce Piontkowski Attorneys for Defendants 13 ORDER 14 Upon reviewing the Stipulation and for good cause being shown, IT IS HEREBY 15 16 ORDERED that expert witness disclosures by any party, including supplemental expert witness 17 disclosures by any party, shall be served no later than January 4, 2013. This extension of time to 18 19 complete expert disclosures does not alter the date of any event or deadline already fixed by the Court’s scheduling order. 20 21 22 23 IT IS SO ORDERED. 24 Dated: /s/ Barbara November 28, 2012 25 10c20kb8554 27 28 30 31 _ UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 26 A. McAuliffe 3

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