General Fidelity Insurance Company v. Quanta Specialty Lines Insurance Company, et al

Filing 98

STIPULATION AND ORDER signed by Judge John A. Mendez on 9/14/2015 AMENDING the 85 Status (Pretrial Scheduling) Order; ORDERING the parties to make expert witness disclosures under F.R.Cv.P. Rule 26(a)(2) by 11/10/2015 and to make supplemental disclosure and disclosure of any rebuttal experts under F.R.Cv.P. Rule 26(a)(2)(c) by 11/17/2015. (Michel, G.)

1 Robert W. Keaster (SBN 115847)
[e-mail]
2 Calvin S. Whang (SBN 215945)
[e-mail]
3 CHAMBERLIN & KEASTER LLP
16000 Ventura Boulevard, Suite 700
4 Encino, California 91436-2758
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiff GENERAL FIDELITY INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 GENERAL FIDELITY INSURANCE
COMPANY, a South Carolina Corporation,
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Plaintiff,
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v.
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QUANTA SPECIALTY LINES INSURANCE
15 COMPANY, an Indiana corporation, BELLA
VISTA ESTATES, a California Limited
16 Partnership, LAUREL TREE HOMES, INC., a
California corporation, DAVID DYCK, an
17 individual, LAMBETH CONSTRUCTION OF
CALIFORNIA, INC., a suspended California
18 corporation, LAMBETH CONSTRUCTION,
INC., a suspended California corporation, RENE
19 DIAZ, an individual, MONICA DIAZ, an
individual, DAVID BELTRAN, an individual
20 and ALMA BELTRAN, an individual,
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Case No. 1:14-CV-01325-JAM-GSA
[Assigned to the Hon. John A. Mendez]
STIPULATION AND ORDER RE: 60 DAYS
EXTENSION OF TIME TO DESIGNATE
EXPERTS AND REBUTTAL EXPERTS
Complaint Filed: 08/25/2014

Defendants.
__________________________________
AND RELATED CROSS-ACTIONS.

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WHEREAS on or about March 3, 2015, this Court issued a Status (Pre-Trial Scheduling)

26 Order requiring parties to make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by
27 September 11, 2015 and supplemental disclosure and disclosure of any rebuttal experts under Fed.
28 R. Civ. P. 26(a)(2)(c) by September 18, 2015;

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CHAMBERLIN & KEASTER LLP

4850-179/STIP-60DAY

CASE NO.: 1:14-CV-01325 GSA
STIP/ORDER RE 60 DAYS EXTENSION OF TIME TO DESIGNATE EXPERTS AND REBUTTAL EXPERTS

1

WHEREAS, on May 29, 2015, defendants and cross-complainants Bella Vista Estates

2 (“Bella Vista”) and Laurel Tree Homes, Inc. (“Laurel Tree”) filed a motion for leave to file amended
3 pleadings (“Motion”), originally scheduled for hearing on August 19, 2015, to plead certain
4 additional claims and to join third-parties to this lawsuit;
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WHEREAS, on August 5, 2015, plaintiff General Fidelity Insurance Company (“GFIC”) and

6 defendant, counter and cross-claimant Quanta Specialty Lines Insurance Company (“Quanta”) filed
7 oppositions to Bella Vista and Laurel Tree’s Motion;
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WHEREAS, on August 13, 2015, the Court entered a Minute Order taking the hearing on the

9 Motion off calendar and ordered the matter submitted without appearance;
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WHEREAS, the Court has not yet issued a ruling on the Motion;

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WHEREAS, Bella Vista, Laurel Tree, GFIC and Quanta (the “Parties”) agree that, given the

12 uncertainty as to whether additional claims and/or third-parties parties may be brought into this suit,
13 designating experts and rebuttal experts by September 11, 2015 and September 18, 2015,
14 respectively, is not practicable;
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WHEREAS counsel for certain individual defendants, Mitchell S. Golub, on behalf of his

16 clients, has agreed to continue the deadline to make expert witness disclosures by 60 days;
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WHEREAS, the Parties have not previously requested and the Court has not previously

18 extended the time to designate experts;
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IT IS HEREBY STIPULATED by and between the Parties, through their respective

20 counsel, as follows:
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1.

The Parties agree to amend the Status (Pre-Trial Scheduling) Order to continue the

22 deadline to make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by 60 days to and
23 including November 10, 2015 and supplemental disclosure and disclosure of any rebuttal experts
24 under Fed. R. Civ. P. 26(a)(2)(c) also by 60 days to and including November 17, 2015;
25

2.

This Stipulation does not pertain to any matter not expressly set forth above.

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2
CHAMBERLIN & KEASTER LLP

4850-179/STIP-60DAY

CASE NO.: 1:14-CV-01325 GSA
STIP/ORDER RE 60 DAYS EXTENSION OF TIME TO DESIGNATE EXPERTS AND REBUTTAL EXPERTS

1 DATED: September 10, 2015

CHAMBERLIN & KEASTER LLP

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By: _s/ Robert W. Keaster________________________
Robert W. Keaster
Attorneys for Plaintiff
General Fidelity Insurance Company

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6 DATED: September 10, 2015

LEWIS BRISBOIS BISGARD & SMITH LLP

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By: _s/ Kathleen E. Hegen_______________________
Kathleen E. Hegen
Attorneys for Defendant
Quanta Specialty Lines Insurance Company

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11 DATED: September 10, 2015

WEST CORZINE, LLP

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By: _s/ Ian Corzine____________________________
Ian Corzine
Attorneys for Defendants and Cross-Complainants
Bella Vista Estates and Laurel Tree Homes, Inc.

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IT IS SO ORDERED

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DATED: 9/14/2015

/s/ John A. Mendez______
JOHN A. MENDEZ
U.S. District Court Judge

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3
CHAMBERLIN & KEASTER LLP

4850-179/STIP-60DAY

CASE NO.: 1:14-CV-01325 GSA
STIP/ORDER RE 60 DAYS EXTENSION OF TIME TO DESIGNATE EXPERTS AND REBUTTAL EXPERTS