Bennett et al v. State Farm General Insurance Company

Filing 33

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 11/10/15 ORDERING that the dealine to complete VDRP is 01/29/16. (Benson, A)

1 CRAIG A. MILLER (SBN 116030)
[e-mail]
2 PATRICK A. CALHOON (SBN 249149)
3 [e-mail]
225 Broadway, Suite 1310
4 San Diego, CA 92101
Telephone: [phone]
5 Facsimile: [phone]
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Attorneys for Plaintiffs
7 HAROLD and DOROTHY BENNETT and
DOROTHY PICKERING as Conservator of the Person
8 and Estate of Harold Bennett
9 STEPHEN M. HAYES (SBN 83583)
[e-mail]
10 STEPHEN P. ELLINGSON (SBN 136505)
[e-mail]
11 LAUREN M. CASE (SBN 280629)
[e-mail]
12 HAYES SCOTT BONINO
ELLINGSON & McLAY, LLP
13 203 Redwood Shores Parkway, Suite 480
Redwood City, California 94065
14 Telephone: [phone]
Facsimile: 650.637.8071
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Attorneys for Defendant
16 STATE FARM GENERAL INSURANCE COMPANY
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA (FRESNO DIVISION)
HAROLD and DOROTHY BENNETT,

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CASE NO. 1:14-CV-01377 GEB

Plaintiffs,

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE VDRP SESSION
DEADLINE

vs.

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STATE FARM GENERAL INSURANCE
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inclusive,
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Defendant.
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STIPULATION & [PROPOSED] ORDER TO CONTINUE VDRP SESSION – CASE NO. 1:14-CV-01377 GEB

Plaintiffs and State Farm General Insurance Company (“State Farm”), by and through their

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2 respective counsel, hereby jointly request an order to continue the Voluntary Dispute Resolution
3 Program (“VDRP”) session deadline as follows:
I.
RECITALS

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1.

Cynthia Larson, Esq. of the law firm of Orrick, Herrington & Sutcliffee, LLP is

6 appointed to conduct the VDRP session in this matter. The deadline to complete the VDRP session
7 is November 19, 2015. The VDRP session is presently scheduled for November 18, 2015 in
8 Sacramento, California.
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2.

On November 4, 2015, State Farm learned that a conflict developed with the

10 November 18, 2015 session. Counsel for State Farm promptly notified plaintiffs’ counsel as well as
11 the office of Ms. Larsen, and offered four new proposed dates for the VDRP session. Ms. Larsen’s
12 office responded that day stating that Ms. Larsen has a conflict with two of the proposed dates. On
13 that same day, plaintiffs’ counsel informed the office of Ms. Larsen and State Farm’s attorneys that
14 they have conflicts with the other dates proposed by State Farm. Plaintiffs’ counsel further informed
15 State Farm’s counsel and Ms. Larsen’s office that the session will be more meaningful once the
16 depositions of two key witnesses are completed. Those depositions are presently scheduled for
17 December 9, 2016. State Farm’s counsel does not disagree that the December 9, 2015 depositions
18 will help the parties better understand the case for purposes of conducting a meaningful VDRP
19 session.
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3.

The parties met and conferred with one another as well as the office of Ms. Larsen

21 regarding alternative dates to complete the VDRP session. Due to the scheduling conflicts between
22 the parties and Ms. Larsen, it was impossible to schedule an alternative date to conduct the VDRP
23 session prior to the deadline of November 19, 2015. Due to other scheduling conflicts, as well as the
24 holidays in November and December, the parties agreed that rescheduling the session for January
25 2016 would be prudent.
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4.

The parties are informed that Ms. Larsen is available on January 19, 2016 and January

27 21, 2016. The parties have agreed to complete the VDRP session on either January 19, 2016 or
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STIPULATION & [PROPOSED] ORDER RE REVISING COURT’S SCHEDULE ORDER – CASE NO. 1:14CV-01377 GEB

1 January 21, 2016. The parties do not anticipate any further requests for continuances for the VDRP
2 session.
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II.
REQUEST FOR ORDER TO CONTINUE VDRP COMPLETION DEADLINE

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Based on the foregoing recitals, the parties hereby request an order to continue the date to
complete the VDRP session until January 29, 2016.

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8 Dated: November 10, 2015

LAW OFFICES OF CRAIG A. MILLER

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By_

/s/ Patrick A. Calhoon
CRAIG A. MILLER
PATRICK A. CALHOON
Attorneys for Plaintiffs
HAROLD and DOROTHY BENNETT

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Dated: November 10, 2015

HAYES SCOTT BONINO ELLINGSON & McLAY, LLP

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By

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/s/ Stephen P. Ellingson
STEPHEN M. HAYES
STEPHEN P. ELLINGSON
LAUREN M. CASE
Attorneys for Defendant
STATE FARM GENERAL INSURANCE
COMPANY

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STIPULATION & [PROPOSED] ORDER RE REVISING COURT’S SCHEDULE ORDER – CASE NO. 1:14CV-01377 GEB

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[PROPOSED] ORDER

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Pursuant to the parties’ stipulation, the deadline to complete VDRP session is January 29,

3 2016.
4 Dated: November 10, 2015
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STIPULATION & [PROPOSED] ORDER RE REVISING COURT’S SCHEDULE ORDER – CASE NO. 1:14CV-01377 GEB