Honnevk et al v. Farmers New World Life Insurance Company

Filing 20

SECOND AMENDED STIPULATION and ORDER signed by Senior Judge Anthony W. Ishii on 11/8/2012. (Designation of Expert Witnesses due by 1/12/2013. Discovery due by 12/17/2012. Dispositive Motions filed by 2/8/2013. Jury Trial set for 6/11/2012 at 09:0 0 AM in Courtroom 2 (AWI) before Senior Judge Anthony W. Ishii. Pretrial Conference set for 5/3/2013 at 08:30 AM in Courtroom 24 (EFB) before Senior Judge Anthony W. Ishii. Scheduling Conference set for 3/7/2013 at 09:15 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Lundstrom, T)

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

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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FRISCO HONNEVK, BOUALAI
16 VONGPHACHANH,
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CASE NO. 1:11-CV-01531-AWI-DLB
Hon. Anthony W. Ishii
Courtroom 2

Plaintiffs,
vs.

19 FARMERS NEW WORLD LIFE
INSURANCE COMPANY,
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Defendant.
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SECOND AMENDED STIPULATION
AND ORDER REGARDING TIME
FOR DISPOSITIVE MOTIONS
CONTINUING PRETRIAL AND
TRIAL DATES

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

26 PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD:
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1:11 CV 01531 AWI DLB
SECOND AMENDED STIPULATION AND [PROPOSED] ORDER
REGARDING TIME FOR DISPOSITIVE MOTIONS

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WHEREAS, on or about October 20, 2012, at the deposition of non-party witness Paul

2 Sayavong, counsel for FARMERS NEW WORLD LIFE INSURANCE COMPANY
3 ("FNWL") initiated "meet and confer" proceedings with plaintiffs’ counsel believing that this
4 case is amendable to summary judgment;
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WHEREAS, at the conclusion of the first session of the deposition of plaintiff

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

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

17 of testimony offered by non-party witness Paul Sayavong, he needed additional time to seek
18 production of previously unknown documents, and that pursuant to Federal Rules of Civil
19 Procedure, Rule 56(d), he would ask this Court for additional time to conduct discovery;
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WHEREAS, on October 30, 2012, the parties filed a Stipulation and [Proposed] Order

21 Regarding Time for Dispositive Motions, and on October 30, 2012, Judge Dennis L. Beck
22 signed the Order. However, the agreement to extend the November 2, 2012 deadline to
23 designate expert witnesses was erroneously omitted. Accordingly this Stipulation is amended
24 to also include this extended deadline.
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WHEREAS, in order to avoid motion practice on plaintiffs' counsel's desire for

26 additional time to conduct sufficient discovery in order to respond appropriately to defendant
27 FNWL's contemplated motion for summary judgment, counsel for defendant FNWL agreed
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1:11 CV 01531 AWI DLB
SECOND AMENDED STIPULATION AND [PROPOSED] ORDER
REGARDING TIME FOR DISPOSITIVE MOTIONS

1 with plaintiffs' counsel to extend the deadlines to (1) conclude non-expert discovery; (2)
2 conduct expert discovery; (3) file and hear dispositive motions; and (4) designate experts; as
3 well as (5) continue the Mandatory Scheduling Conference, (6) the Pretrial Conference, and
4 (7) the Trial date, as follows:
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IT IS HEREBY STIPULATED by and between plaintiffs FRISCO HONNEVK and

6 BOUALAI VONGPHACHANH, on the one hand, and defendant FARMERS NEW WORLD
7 LIFE INSURANCE COMPANY, on the other, by and through their respective counsel of
8 record, that:
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(1)

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2012, to December 17, 2012;
(2)

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(3)

(4)

(5)

(6)

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The present Mandatory Scheduling Conference shall be continued from
November 15, 2012, to March 7, 2013;

(7)

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The present expert discovery cut off shall be continued from November 30,
2012, to March 31, 2013;

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The present cut off date for hearing dispositive motions shall be continued from
December 10, 2012, to March 18, 2013

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The present cut off date for filing dispositive motions shall be continued from
November 2, 2012, to February 8, 2013;

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The present deadline for expert designation shall be continued from
November 2, 2012, to January 12, 2013;

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The present non-expert discovery cut off shall be continued from November 2,

The present Pre-Trial Conference date shall be continued from February 1,
2013, to May 3, 2013;

(8)

The present Trial date shall be continued from March 26, 2013, to June 11,
2013.

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

26 and in counterparts.
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1:11 CV 01531 AWI DLB
SECOND AMENDED STIPULATION AND [PROPOSED] ORDER
REGARDING TIME FOR DISPOSITIVE MOTIONS

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IT IS SO STIPULATED.
DATED: November ___, 2012 MURCHISON & CUMMING, LLP

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By:

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/S/
William D. Naeve
Attorneys for Defendant, FARMERS NEW
WORLD LIFE INSURANCE COMPANY

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///
7 DATED: November ___, 2012

TIMOTHY I. MARKS & ASSOCIATES

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By:

/S/
TIMOTHY I. MARKS
Attorneys for Plaintiffs FRISCO HONNEVK and
BOUALAI VONGPHACHANH

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1:11 CV 01531 AWI DLB
SECOND AMENDED 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)

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The present non-expert discovery cut off shall be continued from November 2,
2012, to December 17, 2012;

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(2)

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The present deadline for expert designation shall be continued from
November 2, 2012, to January 12, 2013;

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(3)

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The present cut off date for filing dispositive motions shall be continued from
November 2, 2012, to February 8, 2013;

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(4)

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The present cut off date for hearing dispositive motions shall be continued from
December 10, 2012, to March 18, 2013

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(5)

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The present expert discovery cut off shall be continued from November 30,
2012, to March 31, 2013;

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(6)

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The present Mandatory Scheduling Conference shall be continued from
November 15, 2012, to March 7, 2013;

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(7)

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The present Pre-Trial Conference date shall be continued from February 1,
2013, to May 3, 2013;

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(8)

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The present Trial date shall be continued from March 26, 2013, to June 11,
2013.

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IT IS SO ORDERED.

22 Dated: November 8, 2012

UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

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0m8i788

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1:11 CV 01531 AWI DLB
SECOND AMENDED STIPULATION AND [PROPOSED] ORDER
REGARDING TIME FOR DISPOSITIVE MOTIONS