Nationwide Agribusiness Insurance Company v. Garay et al
Filing
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STIPULATION and ORDER 40 Continuing Pretrial Dates and Deadlines, signed by Magistrate Judge Jennifer L. Thurston on 11/19/2014. (Hall, S)
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MARC S. HINES (SBN 140065)
mhines@hinescarder.com
CHRISTINE M. EMANUELSON (SBN 221269)
cemanuelson@hinescarder.com
BRIAN PELANDA (SBN 278453)
bpelanda@hinescarder.com
HINES CARDER
3090 Bristol Street, Suite 300
Costa Mesa, California 92626
Tel.: (714) 513-1122
Fax: (714) 242-9529
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Attorneys for Plaintiff, Nationwide
Agribusiness Insurance Company
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RICARDO ECHEVERRIA #166049
DANICA DOUGHERTY #273309
CLARE H. LUCICH #287157
SHERNOFF BIDART
ECHEVERRIA BENTLEY LLP
600 South Indian Hill Boulevard
Claremont, California 91711
Tel.: (909) 621-4935
Fax: (909) 625-6915
SCOTT D. HOWRY #169536
THE LAW OFFICES OF
YOUNG WOOLRIDGE, LLP
1800 30th Street, Fourth Floor
Bakersfield, California 93301
Tel.: (661) 327-9661
Fax: (661) 327-1087
Attorneys for Defendants and
Counterclaimants
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION
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NATIONWIDE AGRIBUSINESS
INSURANCE COMPANY,
Plaintiff,
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v.
GERARDO ALANN FELIX
GARAY; MARY GARCIA ROJAS;
CYNTHIA ANN ROJAS;
CHRISTINA MONTECINO;
GABRIEL ROJAS; ANITA ROJAS,
individually and as Guardian ad
Litem for BRANNON JONAH
CLAYTON; and DOES 1 to 50,
inclusive,
Case No. 1:14-CV-00138-AWI-JLT
STIPULATION AND JOINT MOTION
FOR CONTINUANCE OF PRETRIAL
DATES AND DEADLINES WITHOUT
CONTINUING THE TRIAL DATE;
ORDER THEREON
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Defendants.
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MARY GARCIA ROJAS;
CYNTHIA ANN ROJAS;
CHRISTINA MONTECINO;
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STIPULATION FOR CONTINUANCE OF PRETRIAL DATES AND DEADLINES
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GABRIEL ROJAS; and ANITA
ROJAS,
v.
NATIONWIDE AGRIBUSINESS
INSURANCE COMPANY,
Counterdefendant.
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Counterclaimants,
Plaintiff NATIONWIDE AGRIBUSINESS INSURANCE COMPANY
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(“Nationwide”) and Defendants and Counterclaimants GERARDO ALANN
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FELIX GARAY, MARY GARCIA ROJAS, CYNTHIA ANN ROJAS,
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CHRISTINA MONTECINO, GABRIEL ROJAS, ANITA ROJAS and
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BRANNON JONAH CLAYTON (“Defendants”) by and through their counsel of
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record, hereby stipulate and move the Court to continue all pretrial dates and
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deadlines in the Scheduling Order [Doc. No. 25] by approximately 90 days
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without continuing the Pre-trial Conference date (10/7/15) or the Trial date
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(12/1/15).
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1.
On May 19, 2014, the Court held a Scheduling Conference in this
case and issued an Order setting forth the following pretrial dates and deadlines:
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12/01/14 – Rule 26 Expert Disclosure deadline
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01/02/15 – Rule 26 Rebuttal Expert Disclosure deadline
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01/05/15 – Non-expert discovery cutoff
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02/02/15 – Expert discovery cutoff
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02/09/15 – Non-dispositive motion filing deadline
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03/09/15 – Non-dispositive motion hearing deadline
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03/16/15 – Dispositive motion filing deadline
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05/04/15 – Dispositive motion hearing deadline
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10/07/15 – Pre-trial Conference
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12/01/15 – Trial
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STIPULATION FOR CONTINUANCE OF PRETRIAL DATES AND DEADLINES
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2.
By way of this Stipulation, the Parties hereby jointly request that the
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Court continue all of the foregoing pretrial dates and deadlines as follows, without
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continuing the dates set for the Pre-trial Conference or the Trial:
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02/27/15 – Rule 26 Expert Disclosure deadline
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03/27/15 – Rule 26 Rebuttal Expert Disclosure deadline
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04/03/15 – Non-expert discovery cutoff
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05/01/15 – Expert discovery cutoff
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05/11/15 – Non-dispositive motion filing deadline
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06/12/15 – Non-dispositive motion hearing deadline
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06/16/15 – Dispositive motion filing deadline
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08/07/15 – Dispositive motion hearing deadline
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3.
As set forth above the present discovery cut-off deadline in this case
is scheduled to occur nearly 11 months prior to the trial date.
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To date, the Parties have diligently conducted discovery in this case
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and believe that a continuance of the pretrial dates and deadlines is necessary to
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complete both percipient and expert witness discovery. A summary of the
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discovery conducted to date is set forth below.
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5.
Nationwide served Defendants with Interrogatories and Requests for
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Production of Documents on July 15, 2014. Defendants’ served responses to
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Nationwide’s Interrogatories and Requests for Production on August 18, 2014.
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6.
Defendants served Nationwide with Requests for Production of
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Documents on July 24, 2014, and with Interrogatories on September 3, 2014.
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Nationwide served responses to Defendants’ Requests for Production on August
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26, 2014, and served verified responses to Defendants’ Interrogatories on October
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6, 2014.
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7.
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The Parties have collectively subpoenaed documents from all of the
following entities: (1) HFS Enterprises; (2) JSA Company; (3) the California
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STIPULATION FOR CONTINUANCE OF PRETRIAL DATES AND DEADLINES
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Department of Motor Vehicles; (4) Vicente Trucking; (5) Walter Mortensen
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Insurance Agency; (6) Copart, Inc.; and (7) Peerless Insurance Company.
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8.
On September 25, 2014, Nationwide noticed the FRCP 30(b)(6)
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deposition of JSA Company to take place on October 15, 2014. Approximately
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one week prior to the deposition, an attorney representing JSA Company advised
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Nationwide’s counsel that JSA Company’s deposition would have to be postponed
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indefinitely because the person most knowledgeable at the company had recently
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suffered from a serious brain injury and was recovering in the hospital. As of the
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date of this Stipulation, JSA Company’s counsel has still not advised either of the
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Parties as to when JSA Company will be able to offer a witness for examination
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pursuant to Nationwide’s Rule 30(b)(6) deposition notice. The Parties agree that
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JSA Company is a material witness in this case and that its deposition is
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important, but at this point it appears unlikely that the Parties will be able to take
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JSA Company’s deposition prior to the current discovery cut-off deadline of
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January 5, 2015. The Parties anticipate that JSA Company’s testimony may
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reveal facts that necessitate further discovery and depositions, and therefore good
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cause exists to continue the present discovery cut-off deadline by approximately
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90 days to April 3, 2015.
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9.
On October 15, 2014, the Parties took the deposition of John
Antongiovanni, Jr.
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On October 29, 2014, the Parties took the deposition of Vicente Felix
Acosta.
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On October 31, 2014, the Parties took the FRCP Rule 30(b)(6)
deposition of Walter Mortensen Insurance Agency.
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On November 12 and November 13, 2014, the Parties took five
depositions of the California Department of Motor Vehicles.
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On November 17, 2014, the Parties took the deposition of Julie
Schuetz. Due to the length of Mrs. Schuetz's deposition, the Parties were unable to
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STIPULATION FOR CONTINUANCE OF PRETRIAL DATES AND DEADLINES
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start the deposition of Jonathan Schuetze also originally noticed for November 17,
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2014. Mr. Schuetz is not available until January 2014 and a confirmed date for
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Mr. Schuetz's deposition has not been set. Mrs. Schuetz's testimony revealed
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additional facts that necessitate further discovery and the Parties anticipate that
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Mr. Schuetz's testimony may similarly reveal facts that necessitate further
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discovery and depositions, and therefore good cause exists to continue the present
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discovery cut-off deadline by approximately 90 days to April 3, 2015.
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Defendants have also noticed the FRCP 30(b)(6) deposition of
Copart, Inc. to take place on December 2, 2014.
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Good cause also exists to continue all remaining pretrial dates and
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deadlines along with the present discovery cut-off deadline to accommodate the
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additional discovery that the Parties anticipate will need to be conducted.
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The Parties have not previously requested a continuance of any dates
in the Court’s Scheduling Order.
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Furthermore, continuing the pretrial dates and deadlines as requested
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above will not interfere with the dates the Court set for the Pretrial Conference or
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for the trial.
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Therefore, the Parties respectfully request and jointly move the Court
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continue all of the pretrial dates and deadlines in this matter as set forth above in
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Paragraph 2.
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Dated: November 18, 2014
SHERNOFF BIDART
ECHEVERRIA BENTLEY LLP
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THE LAW OFFICES OF
YOUNG WOOLRIDGE, LLP
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By:
/s/ Ricardo Echeverria
Ricardo Echeverria
Scott Howry
Danica Dougherty
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STIPULATION FOR CONTINUANCE OF PRETRIAL DATES AND DEADLINES
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Clare H. Lucich
Attorneys for Defendants
GERARDO GARAY, MARY ROJAS,
CYNTHIA ROJAS, CHRISTINA
MONTECINO, GABRIEL
ROJAS, ANITA ROJAS, & BRANNON
JONAH CLAYTON
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Dated: November 18, 2014
HINES CARDER
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By:
/s/ Brian Pelanda
Marc S. Hines
Christine Emanuelson
Brian Pelanda
Attorney for Defendant
NATIONWIDE AGRIBUSINESS
INSURANCE COMPANY
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STIPULATION FOR CONTINUANCE OF PRETRIAL DATES AND DEADLINES
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ORDER
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When scheduling the case, the Court relied upon the dates provided by the
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parties in their joint report but modified them to accommodate the Court and
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counsel. For example, the reason there was a long gap between the hearing on the
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motion for summary judgment and the pretrial conference was to accommodate
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counsels’ trial schedule and to give the Court sufficient time to decide the intended
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cross-motions for summary judgment. Though the Court will GRANT the
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requested modification to the case schedule, the parties are advised that this may
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mean that the Court will have insufficient time to decide dispositive motions. If
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that occurs, the pretrial conference date and the trial date be continued by the
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Court.
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Nevertheless, good cause appearing, the Court GRANTS the stipulation and
amends the scheduling order as follows:
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1.
The parties SHALL disclose all experts no later than 2/27/15;
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2.
The parties SHALL disclose all rebuttal experts no later than 3/2715;
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3.
All non-expert discovery SHALL be completed no later than 4/3/15;
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4.
All expert discovery SHALL be completed no later than 5/1/15;
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5.
Any nondispositive motions SHALL be filed no later than 5/11/15 and
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heard no later than 6/12/15;
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Any dispositive motions SHALL be filed no later than 6/16/2015 and
heard no later than 8/10/15;
No other modifications to the case schedule are authorized.
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IT IS SO ORDERED.
Dated:
November 19, 2014
/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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STIPULATION FOR CONTINUANCE OF PRETRIAL DATES AND DEADLINES
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