Probuilders Specialty Insurance Co., RRG v. Littrell Homes, Inc. et al

Filing 43

STIPULATION and ORDER GRANTING the parties' request for an extension of the following deadlines: Non-Expert Discovery due by 4/17/2017; Designation of Expert Witnesses due by 4/17/2017; Rebuttal Designation of Expert Witnesses due by 5/1/2017; and Expert Discovery is now due by 5/30/2017, with all other dates to remain as previously set. Order signed by Magistrate Judge Erica P. Grosjean on 3/1/2017. (Rooney, M)

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JOHN H. PODESTA (State Bar No.154706)
DAWN A. SILBERSTEIN (State Bar No. 167936)
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105-2725
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
PROBUILDERS SPECIALTY
INSURANCE COMPANY, RRG

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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(FRESNO DIVISION)

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) Case No. 1:15-CV-01520-DAD-EPG
PROBUILDERS SPECIALTY INSURANCE CO., )
)
RRG A Risk Retention Group,
)
) DISCOVERY STIPULATION &
Plaintiff,
) ORDER
)
vs.
)
)
LITTRELL HOMES, INC., L&L
CONSTRUCTION DBA: LITTRELL HOMES, )
)
ROBERT LITTRELL,
)
)
Defendants.
)
)
)

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In November 2016, the parties, through their counsel of record, met and conferred

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regarding potential settlement negotiations and recommendations for a revised discovery

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cutoff dates to allow time to complete informal settlement negotiations between the parties.

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The parties agreed to participate in mediation before Magistrate Judge Grosjean on February

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7, 2017 and for a continuation of the percipient discovery cutoff to March 15, 2017.

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However, due to the illness of one of the defendants, the mediation was continued to March

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2, 2017. In light of the continuation of the mediation date and the schedule of counsel and the

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parties, the parties, though their counsel, have met and conferred and agreed to a

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corresponding continuation of the percipient and expert discovery cutoff dates. The stipulated
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Stipulation and Order Regarding Discovery
1707945v.1

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discovery cutoff dates will not interfere with the current cutoff date for dispositive motions

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set for July 15, 2017.

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Therefore, the parties hereby STIPULATE as follows:

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1.

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The Parties have agreed to participate in settlement discussions to determine

whether an informal resolution of this matter may be reached.

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2.

The new percipient discovery cutoff will be extended to April 17, 2017.

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3.

The parties further agree that Expert Witness disclosures shall be served by

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mail or email no later than April 17, 2017 and Rebuttal Expert Witness disclosures shall be

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served no later than May 1, 2017. Expert Discovery shall be completed by May 30, 2017.

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4.

The current date for dispositive pre-trial motions shall remain as July 15,

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2017.

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IT IS SO STIPULATED:

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Dated: March 1, 2017

POWELL SLATER, LLP
By:

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Dated: March 1, 2017

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WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER, LLP
By:

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/s/ Matthew G. Backowski
Matthew Backowski, attorneys for
defendants LITTRELL HOMES, INC.,
L&L CONSTRUCTION dba
LITTRELL HOMES, and ROBERT
LITTRELL

/s/ John H. Podesta
John H. Podesta
Attorneys for Plaintiff PROBUILDERS
SPECIALTY INSURANCE
COMPANY, RRG

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Stipulation and Order Regarding Discovery
1707945v.1

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Order

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Based on the above stipulation, and good cause appearing therein, the Scheduling

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Order, as amended on December 6, 2016, is amended as follows:
Event

Current Dates

New Dates

Non-expert discovery cutoff

March 15, 2017

April 17, 2017

Expert witness disclosure

March 31, 2017

April 17, 2017

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Rebuttal expert disclosure

April 15, 2017

May 1, 2017

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Expert discovery cutoff

May 15, 2017

May 30, 2017

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All other dates remain as previously set.
IT IS SO ORDERED.

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Dated:

March 1, 2017

/s/
UNITED STATES MAGISTRATE

JUDGE

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Stipulation and Order Regarding Discovery
1707945v.1