Cavanaugh v. American National Property and Casualty Company et al

Filing 51

STIPULATION and ORDER to amend Pretrial Scheduling Order to Extend Discovery cut-off for Depositions of William and Patricia Cavanaugh signed by District Judge Troy L. Nunley on 5/4/17. (Mena-Sanchez, L)

1 WORTHE HANSON & WORTHE
A Law Corporation
2 JOHN R. HANSON, SB# 149794
E-Mail: [e-mail]
3 1851 East First Street, Ninth Floor
Santa Ana, California 92705
4 Telephone: [phone]
Facsimile: 714.285.9700
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6 LEWIS BRISBOIS BISGAARD & SMITH LLP
REBECCA R. WEINREICH, SB# 155684
7
E-Mail: [e-mail]
STEPHEN V. KOVARIK, SB# 184656
8
E-Mail: [e-mail]
633 West 5th Street, Suite 4000
9 Los Angeles, California 90071
Telephone: [phone]
10 Facsimile: 213.250.7900
11 Attorneys for Defendants AMERICAN
NATIONAL PROPERTY AND CASUALTY
12 COMPANY, AEROSPACE INSURANCE
MANAGERS, INC., AND AEROSPACE
13 INSURANCE SERVICES
14

UNITED STATES DISTRICT COURT

15

EASTERN DISTRICT OF CALIFORNIA

16
17 GARY R. FARRAR, as Chapter 7 Trustee of
the bankruptcy estate in In re: Cavanagh,
18 United States Bankruptcy Court, Eastern
District of California, Case No. 13-92200,
19
Plaintiff,
20
vs.
21
AMERICAN NATIONAL PROPERTY AND
22 CASUALTY COMPANY, AEROSPACE
INSURANCE MANAGERS, INC.,
23 AEROSPACE INSURANCE SERVICES,
24

CASE NO. 15-CV-01177-TLN-SKO
JOINT STIPULATION TO AMEND
PRETRIAL SCHEDULING ORDER TO
EXTEND DISCOVERY CUT-OFF FOR
DEPOSITIONS OF WILLIAM AND
PATRICIA CAVANAUGH
Honorable Troy L. Nunley
Complaint Filed: July 29, 2015
Trial Date: January 22, 2018

Defendants.

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4829-2619-6293.1

JOINT STIPULATION TO AMEND PRETRIAL SCHEDULING ORDER TO EXTEND
DISCOVERY CUT OFF FOR DEPOSITIONS OF WILLIAM AND PATRICIA CAVANAUGH

1 AMERICAN NATIONAL PROPERTY AND
CASUALTY COMPANY,
2
Third-Party Plaintiff,
3
vs.
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5 WILLIAM G. CAVANAUGH, an individual;
GARY R. FARRAR, as Chapter 7 Trustee of
6 the bankruptcy estate in In re: Cavanagh,
United States Bankruptcy Court, Eastern
7 District of California, Case No. 13-92200; and
BILL COULTER dba CASTLE AVIATION
8 AND REPAIR, and ROES 1 to 20, Inclusive,
9

Third-Party Defendants.

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Plaintiff and Third-Party Defendant Trustee Gary R. Farrar (“Trustee”), Third-Party

13 Defendant William G. Cavanaugh (“Cavanaugh”), Defendant and Third-Party Plaintiff American
14 National Property and Casualty Company (“American National”), and Defendants Aerospace
15 Insurance Managers, Inc. and Aerospace Insurance Services, through their respective counsel,
16 stipulate as follows:
17

1.

Cavanaugh filed the present action on or about July 29, 2015, alleging three cause

18 of action: (a) to collect on a judgment entered in underlying litigation against American National
19 insured Bill Coulter (“Coulter”); (b) breach of contract as an assignee of Coulter’s rights under the
20 American National Airport Liability Insurance Policy at issue in this action based on defendants’
21 alleged failure to defend, settle and indemnify Coulter in connection with the underlying action;
22 and (c) breach of the implied covenant of good faith and fair dealing (bad faith) based upon
23 defendants’ conduct after Cavanaugh became a third-party beneficiary of the insurance contract.
24

2.

On February 1, 2016, this Court entered a Pretrial Scheduling Order. As of that

25 date, the order cut off the joinder of parties and amendment of pleadings without leave of court.
26 The Pretrial Scheduling Order also set the discovery cut-off on February 2, 2017 and trial on
27 January 22, 2018.
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4829-2619-6293.1

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JOINT STIPULATION TO AMEND PRETRIAL SCHEDULING ORDER TO EXTEND
DISCOVERY CUT-OFF FOR DEPOSITIONS OF WILLIAM AND PATRICIA CAVANAUGH

1

3.

On December 21, 2016, the parties stipulated to amend the Pretrial Scheduling

2 Order to (a) allow the filing of American National’s proposed Third-Party Complaint for
3 Reformation of Insurance Policy, and (b) extend the Non Expert Discovery Cut-off to March 31,
4 2017, Expert Disclosure to May 19, 2017, and the disclosure of Supplemental experts to within 20
5 days after this date. On December 27, 2016, the Court “so ordered” the parties’ stipulation.
6

4.

On April 27, 2017, the Court entered an order (a) substituting Gary R. Farrar, as

7 Chapter 7 Trustee of the bankruptcy estate in In re: Cavanagh, United States Bankruptcy Court,
8 Eastern District of California, Case No. 13-92200 (“Trustee”), as Plaintiff in this action in place of
9 Cavanaugh; and (b) permitting American National to amend its Third-Party Complaint for
10 Reformation.
11

5.

On April 28, 2017, American National filed its First Amended Third-Party

12 Complaint for Reformation, naming as third-party defendants Cavanaugh, the Trustee, and Bill
13 Coulter dba Castle Aviation and Repair. Mr. Coulter has not appeared in this action.
14

6.

To accommodate Mr. Cavanaugh, whose ability to travel is made difficult by health

15 issues, and to allow for the efficient resolution of this action without the need to incur unnecessary
16 expenses, the parties stipulate, subject to approval of the Court, that the Non Expert Cut-Off as
17 applicable solely to the depositions of William Cavanaugh and his wife, Patricia Cavanaugh, is
18 extended until either (1) thirty days after the Court rules on any dispositive motions filed in this
19 matter, or (2) if no such motions are filed, thirty days after August 24, 2017, the last day set forth
20 in the Pretrial Scheduling Order for hearing dispositive motions. All other dates set forth in the
21 Pretrial Scheduling Order remain unchanged.
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4829-2619-6293.1

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JOINT STIPULATION TO AMEND PRETRIAL SCHEDULING ORDER TO EXTEND
DISCOVERY CUT-OFF FOR DEPOSITIONS OF WILLIAM AND PATRICIA CAVANAUGH

1 DATED: May 2, 2017

LEWIS BRISBOIS BISGAARD & SMITH

LLP

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3

By:

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7 DATED: May 2, 2017

/s/ Stephen V. Kovarik
Rebecca R. Weinreich
Stephen V. Kovarik
Attorneys for American National Property and
Casualty Company, Aerospace Insurance
Managers, Inc., Aerospace Insurance Services

MANNION & LOWE

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/s/ E. Gerard Mannion
By: (as authorized on May 2, 2017)
E. Gerard Mannion
Demian I. Oksenendler
Attorneys for Plaintiff and Third-Party Defendant
Trustee Gary Farrar, and Third-Party Defendant
William G. Cavanaugh

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14 IT IS SO ORDERED.
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16 Dated: May 4, 2017
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18

Troy L. Nunley
United States District Judge

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4829-2619-6293.1

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JOINT STIPULATION TO AMEND PRETRIAL SCHEDULING ORDER TO EXTEND
DISCOVERY CUT-OFF FOR DEPOSITIONS OF WILLIAM AND PATRICIA CAVANAUGH