Martin v. State Farm Mutual Automobile Insurance Company

Filing 15

STIPULATION and ORDER to Partially Revise the Court's Scheduling Order - Non-Expert Discovery Cut-Off April 6, 2017, Expert Disclosure May 8, 2017, Supplemental/Rebuttal Expert Disclosure May 15, 2017, Expert Discovery Cut-Off June 16, 2017, signed by Magistrate Judge Michael J. Seng on 2/21/2017. (Kusamura, W)

1 STEPHEN M. HAYES (SBN 83583)
STEPHEN P. ELLINGSON (SBN 136505)
2 TYLER R. AUSTIN (SBN 293977)
HAYES SCOTT BONINO ELLINGSON & McLAY, LLP
3 203 Redwood Shores Parkway, Suite 480
Redwood City, California 94065
4 Telephone: [phone]
Facsimile: 650.637.8071
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Attorneys for Defendant
6 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
7 JASON A. POLLACK (SBN 173173)
LAW OFFICES OF JASON A. POLLACK
th
8 10940 Wilshire Blvd., 18 Floor
Los Angeles, California 90024
9 Telephone: [phone]
Facsimile: [phone]
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Attorney for Plaintiff
11 MICHAEL MARTIN
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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15 MICHAEL MARTIN,
Plaintiff,

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vs.

STATE FARM MUTUAL AUTOMOBILE
19 INSURANCE COMPANY; and DOES 1
through 25,
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Defendants.
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CASE NO. 1:16-CV-00338-LJO-MJS
STIPULATION TO PARTIALLY REVISE
THE COURT’S SCHEDULING ORDER

Plaintiff Michael Martin and State Farm Mutual Automobile Insurance Company (“State

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2 Farm”), by and through their respective counsel, hereby stipulate to revise the Court’s June 17,
3 2016 Scheduling Order (Dkt. 9), as partially revised (Dkt 13), as follows:
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I.

This action arises out of State Farm’s denial of plaintiff, Michael Martin’s

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RECITALS

motorcycle theft claim under a State Farm auto policy.
2.

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State Farm still has not been able to locate a significant third party witness, named

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John Baldizan, for purposes of serving a deposition and document subpoena. Mr. Baldizan

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appraised the motorcycle at issue before the theft, and his appraisal is a significant issue in the

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lawsuit.

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investigation of plaintiff’s claim and throughout the discovery process in this litigation. State

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Farm’s private investigator has continued to attempt to locate Mr. Baldizan, thus far to no avail.

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Mr. Baldizan’s testimony could significantly impact the scope of further discovery, and could

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facilitate resolution of this matter.
3.

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State Farm has made diligent efforts to locate Mr. Baldizan throughout both the

If State Farm is unable to locate Mr. Baldizan within the discovery cutoff set forth in

this stipulation, State Farm will not request another continuance of these deadlines.
4.

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The parties do not seek to continue any dates or deadlines other than fact and expert

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discovery.

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II.

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STIPULATION
The parties hereby stipulate, and request approval of the following revisions to the Court’s

21 Scheduling Order:
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Event

Current Deadline

Requested New Deadline

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1. Non-Expert Discovery

March 6, 2017

April 6, 2017

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Cut-Off

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2. Expert Disclosure

April 7, 2017

May 8, 2017

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3. Supplemental/Rebuttal

April 14, 2017

May 15, 2017

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Expert Disclosure
June 1, 2017

June 16, 2017

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4. Expert Discovery Cut-Off

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5. Non-Dispositive Motion

May 1, 2017

Unchanged

May 22, 2017

Unchanged

June 28, 2017

Unchanged

August 15, 2017

Unchanged

September 26, 2017

Unchanged

Filing Deadline
6. Dispositive Motion Filing
Deadline
7. Dispositive Motion
Hearing Date
8. Pretrial Conference
9. Jury Trial

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All other deadlines in the case to remain the same, including the dispositive motion
deadline, pretrial conference, and trial.

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Dated: February 21, 2017

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
TYLER R. AUSTIN
Attorneys for Defendant
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

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20 Dated: February 21, 2017
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LAW OFFICES OF JASON A. POLLACK
By

/S/ Jason A. Pollack
JASON A. POLLACK
Attorney for Plaintiff
MICHAEL MARTIN

ORDER

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The Court, having reviewed the parties’ Stipulation to Partially Revise the Court’s

4 Scheduling Order, hereby GRANTS the parties request. The new deadlines for case 1:16-CV5 00338-LJO-MJS, Michael Martin v. State Farm Mutual Automobile Insurance Company are as
6 follows:
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Event

Current Deadline

Requested New Deadline

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1. Non-Expert Discovery

March 6, 2017

April 6, 2017

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Cut-Off

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2. Expert Disclosure

April 7, 2017

May 8, 2017

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3. Supplemental/Rebuttal

April 14, 2017

May 15, 2017

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Expert Disclosure

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4. Expert Discovery Cut-Off

June 1, 2017

June 16, 2017

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5. Non-Dispositive Motion

May 1, 2017

Unchanged

May 22, 2017

Unchanged

June 28, 2017

Unchanged

August 15, 2017

Unchanged

September 26, 2017

Unchanged

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Filing Deadline
6. Dispositive Motion Filing
Deadline
7. Dispositive Motion
Hearing Date

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8. Pretrial Conference

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9. Jury Trial

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IT IS SO ORDERED.
Dated:

February 21, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE