Honnevk et al v. Farmers New World Life Insurance Company

Filing 17

STIPULATION and ORDER regarding time for Dispositive Motions, signed by Magistrate Judge Dennis L. Beck on 10/31/2012. The previously set pretrial hearing and trial dates are vacated. (Non Expert Discovery due by 12/17/2012; Dispositive Motions filed by 1/2/2013; Expert Discovery due by 1/14/2013; Dispositive Motions heard by 2/8/2013) (Figueroa, O)

1 William D. Naeve (SBN 92270)
MURCHISON & CUMMING, LLP
2 200 West Santa Ana Boulevard, Suite 801
Santa Ana, California 92701-4134
3 Telephone: [phone]
Facsimile: [phone]
4 [e-mail]
5 Attorneys for Defendant, FARMERS NEW
WORLD LIFE INSURANCE COMPANY
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7 Timothy I. Marks, Esq.
TIMOTHY I. MARKS & ASSOCIATES
8 4753 East Olive Avenue, Suite 103
Fresno, CA 93702
9 Telephone: [phone]
Facsimile: (559)-251-5483
10 [e-mail]
11 Attorneys for Plaintiffs FRISCO HONNEVK and
BOUALAI VONGPHACHANH
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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16 FRISCO HONNEVK, BOUALAI
VONGPHACHANH,
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Plaintiffs,
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vs.
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FARMERS NEW WORLD LIFE
20 INSURANCE COMPANY,
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CASE NO. 1:11-CV-01531-AWI-DLB
Hon. Anthony W. Ishii
Courtroom 2
STIPULATION AND ORDER
REGARDING TIME FOR
DISPOSITIVE MOTIONS

Defendant.
Trial Date: March 13, 2013

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TO THE CLERK OF THE ABOVE-ENTITLED COURT AND TO ALL

25 PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
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WHEREAS, on or about October 20, 2012, at the deposition of non-party witness Paul

27 Sayavong, counsel for FARMERS NEW WORLD LIFE INSURANCE COMPANY
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STIPULATION AND [PROPOSED] ORDER REGARDING TIME FOR DISPOSITIVE MOTIONS

1 ("FNWL") initiated "meet and confer" proceedings with plaintiffs’ counsel believing that this
2 case is amendable to summary judgment;
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WHEREAS, at the conclusion of the first session of the deposition of plaintiff

4 BOUALAI VONGPHACHANH on October 10, 2012, counsel for defendant FNWL
5 informed plaintiffs' counsel of his thinking that this case was now amendable to disposition
6 by way of a motion for summary judgment, pursuant to Federal Rules of Civil Procedure,
7 Rule 56, et seq., and that therefore the parties had to meet and confer in order to prepare a
8 Joint Separate Statement of Undisputed Facts as required by this Court's Rule 16 Scheduling
9 Order ; and
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WHEREAS, at the conclusion of the Saturday, October 20, 2012, deposition of non-

11 party witness Paul Sayavong, counsel for defendant FNWL renewed his effort to meet and
12 confer with plaintiffs' counsel in the preparation of a Joint Separate Statement of Undisputed
13 Facts;
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WHEREAS counsel for plaintiffs informed counsel for defendant FNWL that in light

15 of testimony offered by non-party witness Paul Sayavong, he needed additional time to seek
16 production of previously unknown documents, and that pursuant to Federal Rules of Civil
17 Procedure, Rule 56(d), he would ask this Court for additional time to conduct discovery;
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WHEREAS in order to avoid motion practice on plaintiffs' counsel's desire for

19 additional time to conduct sufficient discovery in order to respond appropriately to defendant
20 FNWL's contemplated motion for summary judgment, counsel for defendant FNWL agreed
21 with plaintiffs' counsel to extend the deadlines to (1) conclude non-expert discovery; (2)
22 designate experts; (3) conduct expert discovery; and (4) file motion(s) for summary judgment
23 as follows:
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IT IS HEREBY STIPULATED by and between plaintiffs FRISCO HONNEVK and

25 BOUALAI VONGPHACHANH, on the one hand, and defendant FARMERS NEW WORLD
26 LIFE INSURANCE COMPANY, on the other, by and through their respective counsel of
27 record, that:
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STIPULATION AND [PROPOSED] ORDER REGARDING TIME FOR DISPOSITIVE MOTIONS

1

(1)

2012, to December 17, 2012;

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(2)

(3)

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The present cut off date for filing dispositive motions shall be continued 60
days from November 2, 2012, to January 2, 2013;

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The present expert discovery cut off shall be continued for 45 days from
November 30, 2012, to January 14, 2013;

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5

The present non-expert deadlines shall be continued 45 days from November 2,

(4)

The present cut off date for hearing dispositive motions shall be continued 60
days from December 10, 2012, to February 8, 2013.

IT IS FURTHER STIPULATED that this Stipulation may be executed by facsimile

10 and in counterparts.
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IT IS SO STIPULATED.

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14 DATED: October ___, 2012

MURCHISON & CUMMING, LLP

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By:
William D. Naeve
Attorneys for Defendant, FARMERS NEW
WORLD LIFE INSURANCE COMPANY

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21 DATED: October ___, 2012

TIMOTHY I. MARKS & ASSOCIATES

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By:
TIMOTHY I. MARKS
Attorneys for Plaintiffs FRISCO HONNEVK and
BOUALAI VONGPHACHANH

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STIPULATION AND [PROPOSED] ORDER REGARDING TIME FOR DISPOSITIVE MOTIONS

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ORDER

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Based on the Stipulation of counsel, and GOOD CAUSE APPEARING THEREFOR,

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(1)

The present non-expert deadlines shall be continued 45 days from November 2,
2012, to December 17, 2012;

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(2)

5

The present expert discovery cut off shall be continued for 45 days from
November 30, 2012, to January 14, 2013;

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(3)

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The present cut off date for filing dispositive motions shall be continued 60
days from November 2, 2012, to January 2, 2013;

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(4)

9

The present cut off date for hearing dispositive motions shall be continued 60
days from December 10, 2012, to February 8, 2013.

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(5)

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The previously set pretrial hearing and trial dates are vacated.

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13
14 IT IS SO ORDERED.
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Dated:

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October 31, 2012

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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STIPULATION AND [PROPOSED] ORDER REGARDING TIME FOR DISPOSITIVE MOTIONS