Bennett et al v. State Farm General Insurance Company

Filing 39

STIPULATION and ORDER 38 to revise Court's 37 Scheduling Order signed by District Judge John A. Mendez on 2/8/2016. Expert Disclosure now due by 5/27/2016 and Expert Rebuttal to be submitted by 6/17/2016. The deadline to complete all Discovery is 7/19/2016. (Marciel, M)

1 STEPHEN M. HAYES (SBN 83583)
[e-mail]
2 STEPHEN P. ELLINGSON (SBN 136505)
[e-mail]
3 HAYES SCOTT BONINO ELLINGSON & McLAY, LLP
203 Redwood Shores Parkway, Suite 480
4 Redwood City, California 94065
Telephone: [phone]
5 Facsimile: 650.637.8071
6 Attorneys for Defendant
STATE FARM GENERAL INSURANCE COMPANY
7
8 CRAIG A. MILLER (SBN 116030)
[e-mail]
9 PATRICK A. CALHOON (SBN 249149)
10 [e-mail]
225 Broadway, Suite 1310
11 San Diego, CA 92101
Telephone: [phone]
12 Facsimile: [phone]
13

Attorneys for Plaintiffs
14 HAROLD and DOROTHY BENNETT and
DOROTHY PICKERING as Conservator of the Person
15 and Estate of Harold Bennett
16
17

UNITED STATES DISTRICT COURT

18

EASTERN DISTRICT OF CALIFORNIA (FRESNO DIVISION)

19
20

HAROLD and DOROTHY BENNETT,

CASE NO. 1:14-CV-01377 JAM-JLT

Plaintiffs,

21

STIPULATION AND ORDER TO
REVISE THE COURT’S SCHEDULING
ORDER

vs.

22

23 STATE FARM GENERAL INSURANCE
COMPANY, and DOES 1 through 100,
24 inclusive,
25

Defendant.

26
Plaintiffs and State Farm General Insurance Company (“State Farm”), by and through their

27
28

respective counsel, hereby stipulate to revise the Court’s January 11, 2016 Amended Status (Pretrial
661462

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

1 Scheduling) Order (Dkt. 37) as follows:
I.
RECITALS

2
3

1.

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

4 efficient, expeditious manner. The following deadlines are currently in place:
5



The deadline to complete initial expert witness disclosures is March 25, 2016;

6



The deadline for rebuttal expert disclosures is April 12, 2016;

7



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

8



The deadline for hearing of dispositive motions is July 12, 2016;

9



The final pre-trial conference is August 26, 2016;

10



The trial date is October 17, 2016.

11

2.

Despite the parties’ diligent efforts, the parties anticipate that it will be difficult to

12 engage in expert disclosures by the current deadline of March 25, 2016. The parties also recognize
13 that the expert deadlines can be continued without impacting the other dates and deadlines in the
14 current Status (Pre-Trial Scheduling) Order. For these reasons, the parties have agreed to stipulate
15 to a proposed order continuing the deadline for expert disclosure, rebuttal disclosure, and the
16 discovery deadline.
17

3.

The parties also wish to have a brief discovery window after the hearing on a

18 dispositive motion to schedule depositions that will be unnecessary for the motion, which might be
19 avoided if the motion is granted.
20

4.

The parties are mindful of the pretrial dates and deadlines in the current Status (Pre-

21 Trial Scheduling) Order, including the Pretrial Conference and deadline to submit the Joint Pretrial
22 Statement. The parties do not anticipate any issues meeting those deadlines under the new dates for
23 expert disclosures and deadline for all discovery.
24

5.

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

25 disclosure, rebuttal disclosure, and completion of all discovery. The parties do not seek to continue
26 the trial date or the pretrial conference date.
27 / / /
28
661462

-2STIPULATION & [PROPOSED] ORDER RE REVISING COURT’S SCHEDULE ORDER
CASE NO. 1:14-CV-01377 JAM-JLT

1

II.
STIPULATION

2

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

3
4

1. Expert Disclosure

May 27, 2016________
(currently March 25, 2016)

2. Expert Rebuttal

June 17, 2016________
(currently April 12, 2016)

3. Deadline to complete all discovery

July 19, 2016 ______
(currently May 20, 2016)

5
6
7
8
9
10
11

Dated: February 8, 2016

LAW OFFICES OF CRAIG A. MILLER

12
13
By_

14

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

15
16
17
18 Dated: February 8, 2016

HAYES SCOTT BONINO ELLINGSON & McLAY, LLP

19
20
By

21

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

22
23
24
25
26
27

///
///
///

28
661462

-3STIPULATION & [PROPOSED] ORDER RE REVISING COURT’S SCHEDULE ORDER
CASE NO. 1:14-CV-01377 JAM-JLT

ORDER

1
2

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

3

1. Expert Disclosure

May 27, 2016________
(currently March 25, 2016)

2. Expert Rebuttal

June 17, 2016________
(currently April 12, 2016)

3. Deadline to complete all discovery

July 19, 2016 ______
(currently May 20, 2016)

4
5
6
7
8
9
10

The remaining dates and deadlines set forth in the Court’s January 11, 2016 Pretrial

11 Scheduling Order (Dkt 37) remain unchanged.
12
13

Dated: 2/8/2016

14

/S/ John A. Mendez_______________________
HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
661462

-4STIPULATION & [PROPOSED] ORDER RE REVISING COURT’S SCHEDULE ORDER
CASE NO. 1:14-CV-01377 JAM-JLT