Ricci vs. Dorsey

Filing 41

SEVENTH STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr. on 6/15/2010 ORDERING 40 Discovery due by 8/3/2010. Jury Trial reset for 11/2/2010 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Pretrial Conference reset for 9/3/2010 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Reader, L)

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JERRALD K. PICKERING, II, SBN: 105253 MICHAEL L. PICKERING SBN: 109384 PICKERING LAW CORPORATION 1915 Placer Street, Redding, CA 96001 P.O. Box 992200, Redding, CA 96099-2200 [phone] [phone] (Facsimile) E-Mail: [e-mail] [e-mail] Attorneys for Defendant DANIEL C. DORSEY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CHRISTOPHER JUDE RICCI, Plaintiff(s), v. DANIEL C. DORSEY, Defendant(s). CASE NO: 2:08-CV-00060-FCD-KJM SEVENTH STIPULATION BY COUNSEL AND REQUEST FOR COURT ORDER: AMENDING CERTAIN DATES IN THE PREVIOUSLY ISSUED (AND PREVIOUSLY AMENDED) STATUS/ (PRETRIAL SCHEDULING) ORDER; AND ORDER

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IT IS HEREBY STIPULATED by and between the parties to this action, Defendant, DANIEL C. DORSEY, represented by Jerrald K. Pickering, II, of the Pickering Law Corporation and associate counsel James R. Donahue of the firm Caulfield, Davies & Donahue, LLP; and Plaintiff, CHRISTOPHER JUDE RICCI, represented by William M. Duncan, as follows: RECITALS A. Plaintiff filed a First Amended Complaint alleging additional claims, including slander; B. C. D. The parties entered into settlement negotations; Coverage issues have arisen between defendant and his insurer; The insurance carrier has filed a declaratory relief action (hereinafter "DRA") in Siskiyou County Superior Court, Case Number SC CV CV 10-0200, which is presently pending; 1
Case No. 02:07-CV-02147-FCD-KJM

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E.

That DRA names as defendants, both plaintiff Christopher Ricci and defendant Daniel Dorsey in this case;

F.

That DRA has been informally stayed pending resolution of this present federal court case;

G.

The parties have agreed to conduct a mediation before Retired Judge Richard Park on July 15, 2010, in Sacramento, California; and

H.

Counsel and the parties ask the court continue the presently set Pre-Trial Conference and Trial to the dates already obtained from and approved by the court clerk and as set forth below.

THEREFORE IT IS STIPULATED by and between the parties, by and through counsel, as follows: Deadline Dates 1. The parties ask the court to amend its previously issued Amended Status (Pretrial

Scheduling) Order as follows; 2. 3. Discovery cut-off is set for August 3, 2010; The present Pre-Trial Conference set for Friday, June 4, 2010 at 1:30 p.m. is

rescheduled to Friday, September 3, 2010, at 1:30 p.m.; and 4. The present Jury Trial set to commence on Tuesday, August 10, 2010, is

rescheduled to Tuesday, November 2, 2010. Discovery Issues a. Certain expert witness depositions have been conducted, but certain other expert

depositions have been delayed pending the outcome of the mediation and will be rescheduled as necessary; b. Counsel agrees that those depositions can be completed after the mediation, should

the case not settle; c. d. All outstanding discovery is to be completed by August 3, 2010; and Counsel agrees that the expert witness testimony of certain experts can be presented

at trial by way of videotaped deposition, subject to court approval. 2
Case No. 02:08-CV-00060-FCD-KJM

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. DATED: June 15, 2010 DATED: _______________, 2010 DATED: _______________, 2010 1.

Amended Pleadings Plaintiff also anticipates seeking a stipulation to file an amended complaint to

delete certain claims and claim for punitive damages, which amendment may take place before or after the mediation, but to which all counsel will reasonably agree to, as reasonably necessary and appropriate. APPROVED AS TO FORM AND CONTENT: DATED: ______________, 2010 PICKERING LAW CORPORATION

_____/s/______________________________ JERRALD K. PICKERING, II Attorneys for Defendant DANIEL C. DORSEY CAULFIELD, DAVIES AND DONAHUE, LLP

_____/s/______________________________ JAMES R. DONAHUE Attorneys for Defendant DANIEL C. DORSEY LAW OFFICES OF WILLIAM M. DUNCAN

_____/s/______________________________ WILLIAM M. DUNCAN Attorneys for Plaintiff CHRISTOPHER JUDE RICCI

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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Case No. 02:08-CV-00060-FCD-KJM