Endsley v. Travelers Property Casualty Insurance Company

Filing 49

STIPULATION Regarding the Scheduling of Depositions of Defendant's Agents and ORDER Thereon signed by Magistrate Judge Gary S. Austin on 6/11/2015. Motion to Compel 35 is DENIED as moot. (Martinez, A)

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Kirin K. Virk, State Bar No. 221369
Brandy L. Barnes, State Bar No. 299080
DAMRELL, NELSON, SCHRIMP,
PALLIOS, PACHER & SILVA
1601 I Street, Fifth Floor
Modesto, CA 95354
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiffs, L. Stephen Endsley
and Endsley Kiernan L.P.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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L. STEPHEN ENDSLEY,

Case No. 1:14-cv-00346-LJO-GSA
Related Case: 1:14-CV-00671-JLO-GSA

Plaintiff,
vs.

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TRAVELERS PROPERTY CASUALTY
INSURANCE COMPANY and DOES 1
through 100,

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Defendant.

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STIPULATION REGARDING THE
SCHEDULING OF DEPOSITIONS OF
DEFENDANT’S AGENTS AND ORDER
THEREON
Trial Date: February 23, 2016
(ECF No. 35)

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WHEREAS on May 28, 2015, Plaintiffs filed an Ex Parte Application For Order Shortening

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Time To Hear Their Motion To Compel the taking of depositions of Defendant’s employees as follows:

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Michelle Cardinale- Tuesday, June 9th

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Adam Robinson- Wednesday, June 10th

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Patricia Trawick- Thursday, June 11th

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Michael Baker- Tuesday, June 16th

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Renee Collins- Wednesday, June 17th

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Plaintiffs also sought to compel the taking of depositions of Mr. Robinson and Ms. Collins in
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Modesto, California;
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Damrell Nelson
Schrimp Pallios
Pacher & Silva
A Professional
Corporation

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STIPULATION REGARDING THE SCHEDULING OF DEPOSITIONS OF DEFENDANT’S
AGENTS AND ORDER THEREON

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WHEREAS the Honorable Gary S. Austin granted an Order Shortening Time to

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hear Plaintiffs’ Motion to Compel on June 5, 2015 and scheduled an informal telephonic

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conference with counsel for the Parties on June 4, 2015;

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WHEREAS on June 4, 2015, the Honorable Gary S. Austin convened an informal

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telephonic conference with Plaintiffs’ counsel, Kirin K. Virk and Brandy L. Barnes, and

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Defendant’s counsel, Edward Murphy, and ordered the Parties to inform the Court by 3:00 p.m. as

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to whether they were able to informally resolve the scheduling of Defendant’s employees

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depositions and the locations for the depositions of Mr. Robinson and Ms. Collins;

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WHEREAS on June 4, 2015, the Parties agreed to the following schedule for the taking of
depositions of Defendant’s employees:

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A.

The following depositions to be conducted at 9:00 a.m. at the Modesto office of

Damrell, Nelson, Schrimp, Pallios, Pacher & Silva:

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1.

Michelle Cardinale- Wednesday, June 24th

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2.

Patricia Trawick- Thursday, June 25th

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3.

Mike Baker- Friday, June 26th

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B.

The Parties agreed that the depositions of Mr. Robinson and Ms. Collins would be

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taken during the week of July 20th, with Mr. Robinson’s deposition preceding that of Ms. Collins

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and that they would be deposed, respectively, in Connecticut and Georgia and /or by video

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conference at the election of Plaintiffs’ counsel.

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1. The Parties have subsequently clarified and agreed that the deposition of Mr.

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Robinson will be taken by Plaintiffs’ counsel in Hartford, Connecticut and/or or by video

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conference on Tuesday, July 21st at 9:00 a.m. and
2. The deposition of Ms. Collins will be taken by Plaintiffs’ counsel in Atlanta,

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Georgia and/or by video conference on Thursday, July 23rd at 9:00 a.m.

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WHEREAS on June 4, 2015, Plaintiffs informed the Court that the Parties had agreed upon

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Damrell Nelson
Schrimp Pallios
Pacher & Silva
A Professional
Corporation

a deposition schedule and Plaintiffs’ Motion To Compel was taken off calendar.
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STIPULATION REGARDING THE SCHEDULING OF DEPOSITIONS OF DEFENDANT’S
AGENTS AND ORDER THEREON

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WE HEREBY AGREE AND CONSENT to the terms of the above Stipulation:
DAMRELL, NELSON, SCHRIMP,
PALLIOS, PACHER & SILVA

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Dated: June 11, 2015

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By /s/ Kirin K. Virk______________
Kirin K. Virk
Attorney for Plaintiffs
L. Stephen Endsley and Endsley Kiernan,
L.P.

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FORAN GLENNON PALANDECH
PONZI & RUDLOFF PC

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Dated: June 10, 2015

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By /s/ Edward P. Murphy___________
G. Edward Rudloff, Jr.
Edward P. Murphy
Jennifer N. Wahlgren
Attorneys For Defendant Travelers Property
Casualty Insurance Company

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ORDER

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The Court has reviewed and adopts the above Stipulation regarding the taking of
Defendant’s employees’ depositions. The above schedule may only be modified by mutual
agreement of counsel and/or by Court order. The terms of the Stipulation resolve the disputes
between the parties raised in the Motion to Compel (ECF No. 35). Thus, the Motion to Compel is
DENIED as moot.
IT IS SO ORDERED.

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Dated:

June 11, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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Damrell Nelson
Schrimp Pallios
Pacher & Silva
A Professional
Corporation

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STIPULATION REGARDING THE SCHEDULING OF DEPOSITIONS OF DEFENDANT’S
AGENTS AND ORDER THEREON