West Pacific Electric Company Corporation v. Dragados/Flatiron, et al.

Filing 68

ORDER re Stipulation to Continue Discovery Deadlines, signed by Magistrate Judge Barbara A. McAuliffe on 7/1/19. (Marrujo, C)

P. RANDOLPH FINCH JR., SBN 185004
EMAIL: [e-mail]
DAVID W. SMILEY, SBN 226616
EMAIL: [e-mail]

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FINCH, THORNTON & BAIRD, LLP
ATTORNEYS AT LAW

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4747 EXECUTIVE DRIVE – SUITE 700

SAN DIEGO, CALIFORNIA 92121-3107

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TELEPHONE: [phone]
FACSIMILE: [phone]

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Attorneys for Defendants Dragados/Flatiron, Liberty Mutual
Insurance Company, Fidelity and Deposit Company
of Maryland, Zurich American Insurance Company,
The Continental Insurance Company, XL Specialty
Insurance Company, The Insurance Company of the
State of Pennsylvania, American Home Assurance
Company, National Indemnity Company, Travelers Casualty
and Surety Company of American, and Federal Insurance Company
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT E. COYLE FEDERAL COURTHOUSE

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WEST PACIFIC ELECTRIC
COMPANY CORPORATION,
Plaintiff,

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v.
DRAGADOS/FLATIRON, a joint
venture; LIBERTY MUTUAL
INSURANCE COMPANY, a
Massachusetts corporation;
FIDELITY AND DEPOSIT
COMPANY OF MARYLAND, a
Maryland corporation; ZURICH
AMERICAN INSURANCE
COMPANY, a New York
corporation; THE CONTINENTAL
INSURANCE COMPANY, a
Pennsylvania corporation; XL
SPECIALTY INSURANCE
COMPANY, a Delaware corporation;
THE INSURANCE COMPANY OF
THE STATE OF PENNSYLVANIA,
a Pennsylvania corporation;
AMERICAN HOME ASSURANCE
COMPANY, a New York
corporation; NATIONAL
INDEMNITY COMPANY, a
Nebraska corporation; TRAVELERS
CASUALTY AND SURETY
COMPANY OF AMERICA, a
Connecticut corporation; FEDERAL
INSURANCE COMPANY, an
Indiana corporation,

CASE NO: 1:18-CV-00166-LJO-BAM
STIPULATION TO CONTINUE
DISCOVERY DEADLINES AND
ORDER
Assigned to:
Hon. Lawrence J. O’Neill, Courtroom 4
Hon. Barbara A. McAuliffe, Courtroom 8
Complaint Filed: January 30, 2018
Trial Date:
March 17, 2020

Defendants.
1:18-CV-00166-LJO-BAM

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The parties to this Stipulation to Continue Discovery Deadlines are

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Plaintiff West Pacific Electric Company Corporation (“WPECC”), Defendant

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Dragados/Flatiron Joint Venture (“DFJV”), and Defendants Liberty Mutual

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Insurance Company, Fidelity and Deposit Company of Maryland, Zurich

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American Insurance Company, The Continental Insurance Company, XL

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Specialty Insurance Company, The Insurance Company of the State of

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Pennsylvania, American Home Assurance Company, National Indemnity

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Company, Travelers Casualty and Surety Company of America, and Federal

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Insurance Company (collectively referred to as “Surety Defendants”).

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Collectively, WPECC, DFJV and the Surety Defendants are hereinafter referred

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to as the “Parties.”

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The Parties, through their respective counsel, jointly stipulate and

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respectfully request that the Court enter an Order continuing discovery deadlines

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(as more specifically identified further below) to allow more time for the Parties

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to complete its discovery prior to the current deadlines.

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Good cause exists for modifying and continuing the requested deadlines

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because the parties have conducted extensive discovery that has generated more

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than 200,000 pages of responsive documents and five volumes of percipient

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witness deposition testimony. It is anticipated that an additional twelve volumes

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of deposition testimony will be generated before the close of non-expert

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discovery. The record has become so voluminous that the original expert witness

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discovery deadlines no longer permit sufficient time to allow for the expert

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analysis needed to comply with the report requirements of F.R.Civ.P. 26 and the

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needs of the case.

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Due to schedule conflicts for the depositions of the California High Speed

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Rail Authority’s Person Most Knowledgeable and the WPECC employee, Sarah

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Villa, the parties will be unable to take and complete depositions prior to

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expiration of the July 11, 2019 non-expert discovery cutoff.

FINCH, THORNTON &
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121
[phone]

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1:18-CV-00166-LJO-BAM

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Given the unanticipated volume of discovery and the unexpected delays,

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the Parties request that the Court’s previous Scheduling Order, including

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discovery deadlines, be amended with the following proposed dates:

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Non-Expert Discovery Cutoff: July 19, 2019

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Expert Disclosure: August 16, 2019

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Supplemental Expert Disclosure: September 6, 2019

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Expert Discovery Cutoff: October 11, 2019

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DATE: July 1, 2019

Respectfully Submitted
FINCH, THORNTON & BAIRD, LLP

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By:

/s/David W. Smiley
P. RANDOLPH FINCH JR.
DAVID W. SMILEY
Attorneys for Defendants
Dragados/Flatiron, Liberty Mutual
Insurance Company, Fidelity and Deposit
Company of Maryland, Zurich American
Insurance Company, The Continental
Insurance Company, XL Specialty
Insurance Company, The Insurance
Company of the State of Pennsylvania,
American Home Assurance Company,
National Indemnity Company, Travelers
Casualty and Surety Company of America,
Federal Insurance Company

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DATED: July 1, 2019

Respectfully submitted,

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MURPHY AUSTIN
ADAMS SCHOENFELD LLP

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By:

/s/ Lisa D. Nicolls
D. MICHAEL SCHOENFELD
LISA D. NICOLLS
Attorneys for Plaintiff West Pacific
Electric Company Corporation

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/ / / / /

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/ / / / /

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/ / / / /

FINCH, THORNTON &
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121
[phone]

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1:18-CV-00166-LJO-BAM

ORDER

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Pursuant to the parties' stipulation, and good cause appearing, IT IS HEREBY
ORDERED that the Scheduling Order in this action is modified as follows:
a. Non-expert discovery shall be completed by July 19, 2019;
b. Initial expert disclosures shall be completed by August 16, 2019;
c. Supplemental expert disclosures shall be completed by September 6, 2019; and
d. Expert discovery shall be completed by October 11, 2019.
The deadline for filing dispositive motions remains set for October 15, 2019, the pretrial
conference remains set for January 21, 2020 at 9:00 AM in Courtroom 4 before Chief Judge
Lawrence J. O’Neill, and the trial date remains set for March 17, 2020, at 8:30 a.m. in Courtroom
4 before Chief Judge O’Neill. The Court notes that this is the parties’ second stipulation to
modify the Scheduling Order with respect to the deadline for completion of non-expert discovery
and the parties are cautioned that further modifications of the Scheduling Order will not be

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granted absent a showing of good cause. Fed. R. Civ. P. 16(b).
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IT IS SO ORDERED.
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Dated:

/s/ Barbara

July 1, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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FINCH, THORNTON &
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121
[phone]

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1:18-CV-00166-LJO-BAM