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

Filing 56

STIPULATION and ORDER re DISCOVERY CUT-OFF AND AMENDMENT OF SCHEDULING ORDER. Court Settlement Conference date: November 2, 2015, Courtroom 8. Non Expert Discovery cutoff: November 9, 2015. Expert Disclosure: November 13, 2015. Supplemental Expe rt Disclosure: November 24, 2015. Expert Discovery cutoff: December 3, 2015. Non Dispositive Motions: Filing: December 7, 2015; Hearing: January 6, 2016. Dispositive Motions: Filing: December 7, 2015; Hearing: January 11, 2016. Pre-Trial Conference: August 8, 2016, at 10:00 a.m., Courtroom 2. Trial: October 18, 2016, at 8:30 a.m., Courtroom 2. Order signed by Magistrate Judge Sheila K. Oberto on 10/22/2015. (Timken, A)

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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
VARTANIAN, an individual,

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Plaintiff,

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

vs.
PHILADELPHIA INDEMNITY INSURANCE
COMPANY, a Pennsylvania corporation, and
DOES 1 through 10, inclusive,
Defendant.

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WHEREAS, the parties through their respective counsel note that this is the parties’ fifth
stipulation and request to reset discovery dates;
WHEREAS, the parties note that they have each aggressively pursued discovery in the

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instant case; however, there are voluminous documents in this case, a number of witnesses who

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matter to the case, and a multitude of material issues;

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WHEREAS, there are two additional non-party witnesses identified subsequent to the last

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stipulation and order regarding discovery, whose depositions should be taken for this case, but

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despite diligent efforts over the last two weeks to serve one of such witnesses, a Los Angeles

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attorney, they have not yet been served;

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WHEREAS, the parties through their respective counsel have scheduled a Settlement

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Conference before the Honorable Barbara McAuliffe, United States Magistrate Judge, on November

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2nd this year;

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WHEREAS, under the current schedule, the parties must provide expert reports on October
Stipulation to Continue Discovery Deadlines and Order Thereon

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30, 2015, attend the settlement conference on November 2, 2015, counter-designate experts on

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November 5, 2015, complete expert deposition discovery by November 12, 2015 and file non-

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dispositive and dispositive motions by November 16, 2015, and counsel do not believe that they

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will be able to accomplish those tasks in that limited time period;

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WHEREAS, after meeting and conferring, the counsel have agreed to seek the extensions on
scheduling dates proposed hereinbelow;
WHEREAS, the parties through their respective counsel consequently ask for the

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Court’s additional indulgence to grant another request to extend the discovery, motion and

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expert cutoffs;

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NOW, THEREFORE, it is hereby stipulated by Plaintiffs and Defendant, by and through
their respective counsel of record, as follows:
1. The various deadlines for discovery and pre-trial and trial dates currently set shall be

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continued for some two weeks, more or less, to the following dates, or such other dates

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in reasonable proximity thereto convenient to the Court’s schedule, as follows:

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Court Settlement Conference date: November 2, 2015.

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Non Expert Discovery cutoff: November 9, 2015.

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Expert Disclosure: November 13, 2015.

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Supplemental Expert Disclosure: November 24, 2015.

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Expert Discovery cutoff: December 3, 2015.

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Non Dispositive Motions:

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Filing: December 7, 2015.

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Hearing: January 6, 2016.

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Dispositive Motions:

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Filing: December 7, 2015

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Hearing: January 11, 2016.

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

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

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2. The Case Scheduling Order, dated November 26, 2013, and the Order Re Discovery CutStipulation to Continue Discovery Deadlines and Order Thereon

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Off and Amending Scheduling Order, signed October 2, 2015, shall be amended to reflect the new

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dates.

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Dated: October 21, 2015

THE REICH LAW FIRM

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By:

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___/s/ Jeff Reich__________________
Jeff Reich
Attorneys for Plaintiffs

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Dated: October 21, 2015

CHARLSTON , REVI CH & WOLLITZ LLP

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By:

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____/s/ Bruce T. Smyth______________
Bruce T. Smyth
Attorneys for Defendant

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ORDER

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The parties seek additional time to conduct non-expert discovery because two non-party

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witnesses were only recently discovered and must be deposed. As a result, the parties wish to

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extend all deadlines except the Pre-Trial and Trial dates. However, the parties' request continues

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the deadline for hearing motions to January 11, 2016, which is slightly more than two weeks before

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the existing January 27, 2016, Pre-Trial Conference. Two weeks is insufficient time for the District

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Court to issue an order on any motion for summary judgment and for the parties to file a joint Pre-

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Trial Conference statement, which is currently due on January 20, 2015. Thus, the parties' request

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requires modification to the Pre-Trial and Trial dates. As already explained in the previous orders,

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Judge Ishii's trial calendar is extremely impacted. The nearest available trial date is October 18,

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2016. As such, the parties' request is granted, but the Pre-Trial and Trial dates shall be continued

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due to the requested extensions to the discovery and motion deadlines. The schedule is modified as

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follows:

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Court Settlement Conference date: November 2, 2015, Courtroom 8

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Non Expert Discovery cutoff: November 9, 2015

Stipulation to Continue Discovery Deadlines and Order Thereon

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Expert Disclosure: November 13, 2015

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Supplemental Expert Disclosure: November 24, 2015

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Expert Discovery cutoff: December 3, 2015

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Non Dispositive Motions:

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Filing: December 7, 2015

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Hearing: January 6, 2016

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Dispositive Motions:

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Filing: December 7, 2015

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Hearing: January 11, 2016

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Pre-Trial Conference: August 8, 2016, at 10:00 a.m., Courtroom 2

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Trial: October 18, 2016, at 8:30 a.m., Courtroom 2

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IT IS SO ORDERED.
Dated:

October 22, 2015

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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Stipulation to Continue Discovery Deadlines and Order Thereon