Pacific Marine Center, Inc. et al v. Philadelphia Indemnity Insurance Company

Filing 45

STIPULATION and ORDER re DISCOVERY CUT-OFF AND AMENDMENT OF SCHEDULING ORDER. Non Expert Discovery Cutoff: 10/15/2015. Expert Disclosure: 10/26/2015. Supplemental Expert Disclosure: 10/30/2015. Expert Discovery cutoff: 11/13/2015. Non Dis positive Motions: Filing: 11/16/2015; Hearing: 12/16/2015. Dispositive Motions: Filing: 11/16/2015; Hearing: 12/21/2016. The settlement conference, pretrial conference and trial date remain as previously set. Order signed by Magistrate Judge Sheila K. Oberto on 7/30/2015. (Timken, A)

Bruce T. Smyth- State Bar No. 89171
CHARLSTON, REVICH & WOLLITZ LLP
2 1925 Century Park East, Suite 1250
Los Angeles, California 90067-2746
3 Tel: [phone] • Fax: [phone]
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Attorneys for Defendant,
Philadelphia Indemnity Insurance Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PACIFIC MARINE CENTER, INC., a
California corporation, and SONA
12 VARTANIAN, an individual,
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Plaintiffs,

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v.

Case No. 1:13-CV-00992-AWI-SKO
STIPULATION AND ORDER RE
DISCOVERY CUT-OFF AND
AMENDMENT OF SCHEDULING
ORDER

PHILADELPHIA INDEMNITY
INSURANCE COMPANY, a
16 Pennsylvania corporation, and DOES
1 through 10, inclusive,
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Defendants.

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WHEREAS, Defendant Philadelphia Indemnity Insurance Company,

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pursuant to agreement with the Plaintiffs, had set the depositions of Plaintiffs Sona

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Vartanian and Pacific Marine Center, Inc., by its president, Sona Vartanian, for July

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29, 2015 and July 30, 2015;

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WHEREAS, counsel for Plaintiffs reported that Ms. Vartanian suffered a

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broken ankle in a fall a week before she was scheduled to testify and is under pain

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medication which will prevent her from being able to testify for a few weeks;

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WHEREAS, Defendant Philadelphia Indemnity Insurance Company is

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willing to continue the depositions of Plaintiffs for a few weeks because of Ms.
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STIPULATION AND [PROPOSED] ORDER RE DISCOVERY CUT-OFF AND AMENDING SCHEDULING
ORDER

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Vartanian’s medical condition, but does not want to be prevented from completing

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discovery before the current non expert discovery deadline date of September 15,

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2015, because it may seek additional depositions and discovery dependent on the

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testimony in Ms. Vartanian’s depositions and requires the testimony in those

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depositions to prepare any expert reports;

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WHEREAS, the parties through their counsel have mutually agreed to

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continue the depositions of Ms. Vartanian and Pacific Marine Center, Inc. because

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of the accident to Plaintiff Sona Vartanian and her medical condition and to request

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that the discovery cutoff and other deadline dates set forth in the case original

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Scheduling Order and Order Amending Scheduling Order be continued in order to

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allow Philadelphia to complete deposition discovery within the discovery cutoff

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and to have sufficient time to prepare expert reports and file motions;

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WHEREAS, after meeting and conferring, the counsel have agreed to
approximate two month extensions of the scheduling dates;
NOW, THEREFORE, it is hereby stipulated by Plaintiffs and Defendant, by
and through their respective counsel of record, as follows:
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The various deadlines for discovery and pre-trial and trial dates

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currently set shall be continued for some two months to the following dates, or such

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other dates in reasonable proximity thereto convenient to the Court’s schedule, as

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follows:

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Non Expert Discovery cutoff: November 13, 2015.

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Expert Disclosure: November 13, 2015.

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Supplemental Expert Disclosure: December 4, 2015.

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Expert Discovery cutoff: January 8, 2016.

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Settlement Conference: August 26, 2015, at 10:00 a.m., Courtroom 8.

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Non Dispositive Motions:

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Filing: January 8, 2016.

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Hearing: February 8, 2016.
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STIPULATION AND [PROPOSED] ORDER RE DISCOVERY CUT-OFF AND AMENDING SCHEDULING
ORDER

Dispositive Motions:

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Filing: January 8, 2016

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Hearing: February 23, 2016.

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Pre-Trial Conference: March 21, 2016, at 8:30 a.m., Courtroom 2.

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Trial: May 23, 2016, at 8:30 a.m., Courtroom 2.

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2.

The Case Scheduling Order, dated November 26, 2013, the Order Re

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Discovery Cut-Off and Amending Scheduling Order, signed October 2, 2015, the

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Order re Discovery Cut-Off and Amendment of Scheduling Order, signed March 9,

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2015, and the Order re Discovery Cut-Off and Amendment of Scheduling Order,

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signed May 7, 2015, shall be amended to reflect the new dates.

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Dated: July , 2015

THE REICH LAW FIRM

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By:

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Jeff Reich
Attorneys for Plaintiffs Pacific Marine
Center, Inc. and Sona Vartanian

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Dated: July 28, 2015

CHARLSTON, REVICH & WOLLITZ LLP

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By:

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/s/ Bruce T. Smyth
Bruce T. Smyth
Attorneys for Defendant Philadelphia
Indemnity Insurance Company

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STIPULATION AND [PROPOSED] ORDER RE DISCOVERY CUT-OFF AND AMENDING SCHEDULING
ORDER

ORDER

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Based on the parties’ stipulation, the Court modifies the November 26, 2013,

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scheduling order to grant the parties an extension of time to complete fact and

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expert discovery, and to file dispositive and non-dispositive motions.

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This is the parties’ third stipulation and request to reset the trial date.

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(Docs. 16; 32; 39. See also Docs. 9; 17; 33; 40.) The settlement conference, pre-

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trial conference, and trial dates remain as set in the Court’s May 8, 2015,

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scheduling order. (Doc. 40.)

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Accordingly, discovery deadlines and motion filing deadlines are continued
as follows:

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Settlement Conference: August 26, 2015, at 9:30 a.m., in Ctrm. 8.

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Non Expert Discovery Cutoff: October 15, 2015.

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Expert Disclosure: October 26, 2015.

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Supplemental Expert Disclosure: October 30, 2015.

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Expert Discovery cutoff: November 13, 2015.

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Non Dispositive Motions:

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Filing: November 16, 2015.

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Hearing: December 16, 2015.
Dispositive Motions:

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Filing: November 16, 2015.

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Hearing: December 21, 2016.

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Pre-Trial Conference: January 27, 2016, at 10:00 a.m., Ctrm. 2.

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Trial: March 22, 2016, at 8:30 a.m., in Ctrm. 2.

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IT IS SO ORDERED.
Dated:

July 30, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER RE DISCOVERY CUT-OFF AND AMENDING SCHEDULING
ORDER