Bennett et al v. State Farm General Insurance Company

Filing 34

STIPULATION and ORDER TO REVISE SCHEDULING ORDER signed by Judge Garland E. Burrell, Jr. on 11/19/15 ORDERING that Designation of Expert Witnesses due by 3/25/2016 with any rebuttal due 04/12/16; Discovery completed by 5/20/2016. All other dates and deadlines remain unchanged. (Benson, A)

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

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EASTERN DISTRICT OF CALIFORNIA (FRESNO DIVISION)

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HAROLD and DOROTHY BENNETT,

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Plaintiffs,
vs.

CASE NO. 1:14-CV-01377 GEB
STIPULATION AND
ORDER TO REVISE THE COURT’S
SCHEDULING ORDER

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STATE FARM GENERAL INSURANCE
26 COMPANY, and DOES 1 through 100,
inclusive,
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Defendant.
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642367
-1STIPULATION & [PROPOSED] ORDER RE REVISING COURT’S SCHEDULE ORDER – CASE NO. 1:14CV-01377 GEB

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

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2 respective counsel, hereby stipulate to revise the Court’s May 29, 2015 Pretrial Scheduling Order
3 (Dkt. 19) as follows:
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1.

I.
RECITALS

The parties have been working diligently toward moving this case forward in an

6 efficient, expeditious manner. The following deadlines are currently in place:
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

The deadline to complete initial expert witness disclosures is December 16, 2015;

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

The deadline for rebuttal expert disclosures is January 13, 2016;

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

The deadline for all discovery to be completed is April 20, 2016;

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

The deadline for hearing of dispositive motions is June 20, 2016;

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

The final pre-trial conference is August 15, 2016;

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

The trial date is November 1, 2016.

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2.

Despite the parties’ diligent efforts and cooperation to complete fact discovery,

14 including the depositions of fact witnesses, the parties will not be ready to make initial expert
15 witness disclosures by the current deadline, December 16, 2015. For these reasons, the parties have
16 agreed to stipulate to a proposed order continuing the deadline for expert disclosure, rebuttal
17 disclosure, and the discovery deadline, to enable the parties to complete fact and expert discovery
18 without incurring undue burden and expense.
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3.

The parties do not seek to continue any deadlines other than the deadlines for expert

20 disclosure, rebuttal disclosure, and discovery completion. The parties do not seek to continue the
21 trial date or the pretrial conference date.
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642367

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

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II.
STIPULATION

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The parties hereby stipulate to the following revisions to the court’s Pretrial Schedule:

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1. Expert Disclosure

March 25, 2016________
(currently December 16, 2015)

2. Expert Rebuttal

April 12, 2016________
(currently January 13, 2016)

3. Deadline to complete all discovery

May 20, 2016 ______
(currently April 20, 2016)

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12 Dated: November 9, 2015

LAW OFFICES OF CRAIG A. MILLER

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By_

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/s/ Craig A. Miller (as authorized on 11/09/2015)
CRAIG A. MILLER
PATRICK A. CALHOON
Attorneys for Plaintiffs
HAROLD and DOROTHY BENNETT

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Dated: November 9, 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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642367

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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
Pursuant to the parties’ stipulation, the Pretrial Schedule is revised as follows:

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1. Expert Disclosure

March 25, 2016________
(currently December 16, 2015)

2. Expert Rebuttal

April 12, 2016________
(currently January 13, 2016)

3. Deadline to complete all discovery

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May 20, 2016 ______
(currently April 20, 2016)

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The remaining dates and deadlines set forth in the Court’s May 29, 2015 Pretrial Scheduling

12 Order (Dkt 19) remain unchanged.
13 Dated: November 19, 2015
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STIPULATION & [PROPOSED] ORDER RE REVISING COURT’S SCHEDULE ORDER – CASE NO. 1:14CV-01377 GEB