Guarantee Real Estate v. The Hanover Insurance Company

Filing 32

STIPULATION and ORDER 30 outlining Discovery and Motion dates signed by District Judge Troy L. Nunley on 4/13/2015. Discovery will be conducted in two phases, Phase 1 Discovery and Phase 2 Discovery. Phase 1 Discovery will conclude on 6/15/2015. Co urt will consider the parties Cross-Motions for Summary Judgment regarding Duty to Defend and will set hearing accordingly. Parties will file Cross-Motion on or before 6/30/2015. If the Court's rulings on Cross-Motions do not resolve case in its entirety, parties will immediately commence Phase 2 Discovery. The remaining Discovery and Trial deadlines will be set, if necessary, following Court's rulings on Cross-Motion for Summary Judgment. The final Discovery cut-off date will not be set prior to 11/30/2015. (Marciel, M)

1
2
3
4

BRIAN K. CUTTONE (SBN 201314)
ANDREW S. KUCERA (SBN 292817)
CUTTONE & ASSOCIATES
5380 N. Fresno Street, Suite 102
Fresno, California 93710
Telephone: [phone]
Facsimile: 559.421.1991

5
6

Attorney for Plaintiff, GUARANTEE REAL ESTATE

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

GUARANTEE REAL ESTATE, a
California Corporation,

12
13
14
15
16

Plaintiff,
v.
THE HANOVER INSURANCE
COMPANY, a New Hampshire
corporation, and DOES 1 to 20,
Defendants.

17

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 1:14-cv-00860-TLN-MJS
STIPULATION AND ORDER
OUTLINING DISCOVERY AND
MOTION DATES
_____________________

Complaint Filed: May 7, 2014

18
19

Pursuant to the above-referenced Court’s January 21, 2015 Order (“January 21st

20

Order”) Plaintiff Guarantee Real Estate (“Guarantee”) and Defendant The Hanover Insurance

21

Company (“Hanover”) have met and conferred regarding their proposal for phased discovery

22

and cross motions for summary judgment.

23

AGREED, by and between Guarantee and Hanover, through their respective counsel of

24

record, as follows:

IT IS HEREBY STIPULATED AND

25

1. The parties agree that the most efficient was to resolve the case would be to conduct

26

and complete discovery in two phases. The first phase of discovery (“Phase 1 Discovery”)

27

will focus on the issues of whether Hanover owes Guarantee a duty to defend the claims filed

28

against it in the California Superior Court, In And For The County Of Fresno,
1
Stipulation and Order

1

Case No. 12CECG00576 (the “Duty to Defend”). Phase 1 Discovery will be completed on or

2

before June 15, 2015.

3

2. The parties agree that following the close of Phase 1 Discovery, they will file cross-

4

motions for summary judgment on the Duty to Defend. The cross-motions would be filed on

5

or before June 30, 2015.

6

3.

If the above-captioned case is not resolved by the Court’s ruling on the Duty to

7

Defend, the parties agree they will commence the second phase of discovery

8

(“Phase 2 Discovery) focusing on the remaining issues related to the claims and defenses

9

framed by the pleadings.

10

4. The parties further agree that all remaining discovery and trial deadlines should be

11

determined following the Court’s ruling on the parties’ cross-motions for summary judgment.

12

This includes the deadline to file summary judgment motions with respect to Phase 2 issues.

13
14

5. The parties agree that the final discovery cut-off date should not be set for a date prior
to November 30, 2015.

15

6. The parties respectfully request that the Court order the following: (1) discovery will

16

be conducted in two phases, Phase 1 Discovery and Phase 2 Discovery; (2) Phase 1 Discovery

17

will conclude on June 15, 2015; (3) the court will hear cross-motions for summary judgment

18

regarding the Duty to Defend; (4) cross-motions shall be filed on or before June 30, 2015;

19

(5) if the Court’s rulings on the cross-motions do not resolve the case in its entirety, the

20

parties will immediately commence Phase 2 Discovery; (6) the remaining discovery and trial

21

deadlines will be set, if necessary, following the Court’s rulings on the cross-motions for

22

summary judgment; and (7) the final discovery cut-off date will not be set, prior to

23

November 30, 2015.

24

///

25

///

26

///

27

///

28

///
2
Stipulation and Order

1

7. There is good cause for the Court to approve this stipulation since: (a) all of the parties

2

have agreed to it; (b) the Court has ordered the parties to enter into such a stipulation; and

3

(c) the stipulation conserves and efficiently uses the resources of the court and the parties.

4
5

DATED: April 9, 2015

CUTTONE & ASSOCIATES

6
7

/s/
BRIAN K. CUTTONE, Attorney for Plaintiff
GUARANTEE REAL ESTATE

8
9
10

DATED: April 9, 2015

SMITH SMITH & FEELEY LLP

11
12
13

/s/
MICHAEL L. BEAN, Attorney for Defendant
THE HANOVER INSURANCE COMPANY

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Stipulation and Order

1
2
3

ORDER
Upon reading the foregoing Stipulation between the parties and good cause appearing
therefore,

4

IT IS HEREBY ORDERED THAT:

5

1.

6

Discovery will be conducted in two phases, Phase 1 Discovery and Phase 2

Discovery;

7

2.

Phase 1 Discovery will conclude on June 15, 2015;

8

3.

The court will consider the parties cross-motions for summary judgment

9

regarding the Duty to Defend and will set a hearing accordingly

10

4.

The parties will file the cross-motions on or before June 30, 2015;

11

5.

If the Court’s rulings on the cross-motions do not resolve the case in its

12
13
14

entirety, the parties will immediately commence Phase 2 Discovery;
6.

The remaining discovery and trial deadlines will be set, if necessary, following

the Court’s rulings on the cross-motions for summary judgment; and

15

7.

The final discovery cut-off date will not be set prior to November 30, 2015.

16

Dated: April 13, 2015

17
18
19
20

Troy L. Nunley
United States District Judge

21
22
23
24
25
26
27
28
4
Stipulation and Order