Lee, et al. v. State Farm Mutual Automobile Insurance Company

Filing 22

STIPULATION TO PARTIALLY REVISE THE COURTS SCHEDULING ORDER signed by Magistrate Judge Stanley A. Boone on 5/30/2017. Court hereby GRANTS the parties' request, with an amendment for the non-expert discovery cut-off. The new deadlines are as follows:Non-Expert Discovery Cut-Off 9/29/2017, Expert Disclosure 10/30/2017, Supplemental Expert Disclosure 11/1/2017 and Expert Discovery Cut-Off 12/1/2017. (Hernandez, M)

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 JAMES H. WILKINS (SBN 116364)
WILKINS, DROLSHAGEN & CZESHINSKI LLP
8 6785 N. Willow Avenue
Fresno, California
9 Telephone: [phone]
Facsimile: 559.438.2393
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Attorneys for Plaintiffs
11 SEE LEE and CHAY VANG
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

14 SEE LEE and CHAY VANG,
Plaintiffs,

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vs.

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STATE FARM MUTUAL
18 AUTOMOBILE INSURANCE
COMPANY; and DOES 1 through 50,
19 inclusive,
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Defendants.

CASE NO. 1:16-CV-00465-LJO-SAB
STIPULATION TO PARTIALLY REVISE
THE COURT’S SCHEDULING ORDER

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Plaintiffs See Lee and Chay Vang (collectively “plaintiffs”) and State Farm Mutual

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Automobile Insurance Company (“State Farm,”) by and through their respective counsel, hereby

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stipulate to revise the Court’s June 17, 2016 Scheduling Order (Dkt. 15), as follows:

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I.

RECITALS
1.

This action arises out of State Farm’s denial of plaintiffs’ vehicle theft claim under a

State Farm auto policy.
2.

The parties have exchanged Federal Rule 26 disclosures, negotiated and entered into

a stipulated protective order, propounded and responded to written discovery, produced documents
in response to requests for production, and propounded document and deposition subpoenas. In
March 2017, State Farm presented for deposition Bill McGirk of Cellular Solutions, LLC, a third
party cellular tower data expert State Farm consulted with regard to plaintiffs’ claim.
3.

Stephen Ellingson has been the partner primarily responsible for handling this matter

for State Farm. On March 21, 2017, Mr. Ellingson underwent coronary bypass surgery. He was off
work for the next six weeks. Since then, his work capacity has been limited. Mr. Ellingson was
referred to a “cardiac rehabilitation” program that meets three days a week. His rehabilitation
therapy has been suspended until May 29 due to a complication that arose from the surgery, but he
expects to resume therapy and attend for another six weeks thereafter. [Declaration of Stephen P.
Ellingson (“Ellingson Decl.,”) ¶ 3-4.]
4.

Plaintiffs have asked to schedule the depositions of four individuals involved in

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handling plaintiffs’ claim and State Farm’s corporate designee pursuant to FRCP 30(b)(6).

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Following McGirk’s deposition, plaintiffs amended their Rule 26 disclosures to add Chay Vang’s

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father, Ge Vang as a witness. State Farm intends to take plaintiffs’ depositions and the deposition

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of Ge Vang as well.
5.

The parties have agreed to mediate this matter with Lee Jacobson. The mediation is

scheduled for July 7, 2017.
6.

Due to the limitations on Mr. Ellingson’s availability, the parties are concerned that

they may not be able to complete all necessary discovery under the current deadlines. [Id., ¶ 5.]

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7.

The parties have not previously asked the Court to revise the existing scheduling

order.

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II.

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The parties hereby stipulate, and request approval of the following revisions to the Court’s
Scheduling Order:
Event

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Current Deadline

Requested New Deadline

September 15, 2017

October 16, 2017

August 18, 2017

October 30, 2017

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Non-Expert Discovery
Cut-Off

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Expert Disclosure

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Supplemental Expert
Disclosure

September 8, 2017

November 1, 2017

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Expert Discovery Cut-Off

September 29, 2017

December 1, 2017

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STIPULATION

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All other deadlines in the case to remain the same, including the pretrial conference and

14 trial.
15 Dated: May 23, 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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Dated: May 23, 2017

WILKINS, DROLSHAGEN & CZESHINSKI, LLP
By

/s/ James H. Wilkins
JAMES H. WILKINS
Attorneys for Plaintiffs
SEE LEE and CHAY VANG

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ORDER

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The Court, having reviewed the parties’ Stipulation to Partially Revise the Court’s
Scheduling Order and after having an informal telephonic appearance regarding the stipulation, the
Court hereby GRANTS the parties’ request, with an amendment for the non-expert discovery cutoff. The new deadlines are as follows:

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Non-Expert Discovery
Cut-Off

September 29, 2017

Expert Disclosure

October 30, 2017

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Supplemental Expert
Disclosure

November 1, 2017

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Expert Discovery Cut-Off

December 1, 2017

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13 IT IS SO ORDERED.
14 Dated:

May 30, 2017
UNITED STATES MAGISTRATE JUDGE

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