Continental Casualty Company v. St. Paul Surplus Lines Insurance Company

Filing 151

AMENDED STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/11/12 ORDERING that the last day to complete the deposition of George J. Stephan, Esq. is 12/20/2012. Any motions pertaining to the deposition of Attorney Stephan should be heard by 12/20/2012. The 146 Motion to Quash Deposition Subpoena from St. Paul Surplus Lines Insurance Company shall be set for hearing by Magistrate Brennan prior to 12/20/2012. (Donati, J)

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G. EDWARD RUDLOFF, JR. (SBN 56058)
DIANNE J. MECONIS (SBN 120895)
FORAN GLENNON PALANDECH PONZI & RUDLOFF PC
2000 Powell Street, Suite 900
Emeryville, CA 94608
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
E-mail:
[e-mail]
Attorneys for Defendant ST. PAUL
SURPLUS LINES INSURANCE
COMPANY
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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CONTINENTAL CASUALTY
COMPANY,

vs.

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ST. PAUL SURPLUS LINES
INSURANCE COMPANY; DOES 1
THROUGH 10, INCLUSIVE,

/

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DISTRICT COURT JUDGE:
STIPULATION

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HON. MORRISON C. ENGLAND,
JR.

TO THE HONORABLE MORRISON C. ENGLAND, JR., UNITED STATES

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ORDER THEREON

Defendants.

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AMENDED STIPULATION TO
CONTINUE DISCOVERY CUTOFF DEADLINES
PERTAINING TO RE:
DEPOSITION OF GEORGE J.
STEPHAN

Plaintiff,

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No. 2:07-CV-01744-MCE EFB

WHEREAS, on October 24, 2012, pursuant to stipulation of the parties, this
Court continued the deadline to complete the deposition of Attorney George J.
Stephan to November 16, 2012 to avoid undue burden on Attorney Stephan and to
give the parties and Attorney Stephan additional time to determine whether the
deposition of Attorney Stephan actually will be needed in this case and the scope of
any such deposition;

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WHEREAS, the parties and Attorney Stephan have met and conferred with

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regard to the necessity of the deposition of Attorney Stephan and the scope of any

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such deposition;
WHEREAS, on November 2, 2012 Attorney Stephan filed a motion to quash

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the subpoena for his deposition (Docket #146), which subpoena was issued and

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served upon him by Defendant ST. PAUL SURPLUS LINES INSURANCE

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COMPANY (“St. Paul”), but counsel for St. Paul and Attorney Stephan continued

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their meet and confer efforts to resolve the outstanding issues;
WHEREAS, by order dated November 13, 2012 Magistrate Brennan vacated

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the December 5, 2012 hearing on Attorney Stephan’s motion to quash on the

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grounds that the hearing date fell outside the existing discovery cut-off date as the

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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matter at issue. However, Magistrate Brennan’s order stated that the parties may file

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a motion or stipulation to further modify the amended pretrial scheduling order.

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WHEREAS, the parties and Attorney Stephan wish to have additional time to

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continue their efforts to resolve the issues regarding Attorney Stephan’s deposition,

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to take the deposition of Attorney Stephan, if necessary, and to have the Court

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decide any issues pertaining to Attorney Stephan’s deposition that the parties are

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unable to resolve.
NOW, THEREFORE, by and through their undersigned counsel of record,

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Plaintiff CONTINENTAL CASUALTY COMPANY, Defendant ST. PAUL

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SURPLUS LINES INSURANCE COMPANY and Third Party GEORGE J.

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STEPHAN hereby stipulate to the following:
1.

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The last day for the parties to complete the deposition of George J.

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Stephan, Esq. is continued to such later date as the parties and Attorney Stephan

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may agree, but no later than December 20, 2012.
2.

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Any motions pertaining to the deposition of Attorney Stephan should

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be heard by December 20, 2012. The parties agree that the motion to quash

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subpoena, which was filed by Attorney Stephan (Docket #146), can be re-set for
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hearing by Magistrate Brennan on such date as is available on his calendar prior to

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December 20, 2012. The parties will immediately notify Magistrate Brennan if they

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are able to resolve their differences with respect to the deposition of Attorney

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Stephan, so that the matter can be taken off calendar.
SO AGREED.

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DATED: November 27 , 2012

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FORAN GLENNON PALANDECH
PONZI & RUDLOFF PC
By:

Attorneys for Defendant ST. PAUL
SURPLUS LINES INSURANCE
COMPANY

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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/s/ G. Edward Rudloff, Jr.
G. Edward Rudloff, Jr.

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DATED: November 27, 2012

WOOLLS &PEER
A Professional Corporation

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By: /s/ Jeffrey A. Dollinger
Jeffrey A. Dollinger

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Attorneys for Plaintiff CONTINENTAL
CASUALTY COMPANY

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DATED: November 27, 2012

BUCHALTER NEMER
A Professional Corporation

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By:

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/s/ George J. Stephan
George J. Stephan

Attorneys for GEORGE J. STEPHAN

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321723.1

ORDER

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IT IS HEREBY ORDERED, pursuant to the Stipulation of the parties, as

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follows:

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1.

The last day for the parties to complete the deposition of George J.

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Stephan, Esq. is continued to such later date as the parties and Attorney Stephan

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may agree, but no later than December 20, 2012.
2.

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Any motions pertaining to the deposition of Attorney Stephan should

be heard by December 20, 2012. The motion to quash subpoena, which was filed by

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Attorney Stephan (ECF No. 146), shall be set for hearing by Magistrate Brennan on

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such date as is available on his calendar prior to December 20, 2012.

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IT IS SO ORDERED.

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ATTORNEYS AT LAW
2000 POWELL STREET, SUITE 900
EMERYVILLE, CALIFORNIA 94608
[phone]

FORAN GLENNON PALANDECH PONZI & RUDLOFF PC

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Dated: December 11, 2012

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

___________________________________

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