California Department of Education v. Indemnity Company of California, et al.,

Filing 14

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 10/29/09 13 ORDERING that Discovery ddl is EXTENDED to 12/14/2009; Designation of Expert Witnesses ddl is EXTENDED to 12/30/2009 and the date for supplemental expert witness disclosure shall be extended from December 3, 2009 to January 19, 2010. (Duong, D)

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GLENN W. PETERSON, ESQ. (SBN 126173) MILLSTONE PETERSON & WATTS, LLP Attorneys at Law 2267 Lava Ridge Court, Suite 210 Roseville, CA 95661 Phone: [phone] Fax: [phone] Attorneys for Defendants Indemnity Company of California and Insco Insurance Services, Inc. MARSHA A. BEDWELL, ESQ. (SBN 094860) General Counsel AMY BISSON HOLLOWAY, ESQ. (SBN 163731) Assistant General Counsel PETER J. STUBBS, ESQ (SBN 127919) Deputy General Counsel CALIFORNIA DEPARTMENT OF EDUCATION 1430 N Street, Room 5319 Sacramento, CA 95814 Phone: [phone] Fax: [phone] Attorney for Plaintiff California Department of Education UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA CALIFORNIA DEPARTMENT OF EDUCATION, a State agency, ) ) ) Plaintiff, ) ) vs. ) ) INDEMNITY COMPANY OF CALIFORNIA, ) a corporation and INSCO INSURANCE ) SERVICES, INC., a corporation, and DOES 1- ) 50, ) ) Defendants. ) ) ) No. 2:08-CV-02209-FCD-GGH

JOINT STIPULATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER AND TO EXTEND DISCOVERY CUTOFF DATE FOR LIMITED PURPOSE TO DECEMBER 14, 2009

WHEREAS pursuant to the Court's Status (PreTrial Scheduling) Order dated November 19, 2008, the discovery cutoff in this case is October 30, 2009. WHEREAS the parties are still attempting to set a date for the previously noticed deposition of plaintiff's person most knowledgeable, to accommodate the schedule of counsel and the witness;

JOINT STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER & TO EXTEND DISCOVERY CUTOFF

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WHEREAS the parties desire to ensure that the deposition of plaintiff's person most knowledgeable be completed, and to guard against the possibility that for any reason his or her deposition might not be able to take place within the existing discovery cutoff date, or interrupted or not finished before such date; WHEREAS the current discovery cutoff of October 30, 2009 would not leave enough time to complete the deposition or to have any disputes concerning the deposition resolved by the magistrate; WHEREAS the parties have conferred in good faith and believe and are agreed that a limited extension of the discovery cutoff date is appropriate to ensure the completion of this deposition and will not result in any other delay in this case, including any delay relating to the trial or pretrial dates or the date for dispositive motions;

IT IS HEREBY STIPULATED and AGREED THAT: 1. Good cause exists to modify the existing scheduling order and to briefly extend the

discovery cutoff date from October 30, 2009 to Monday December 14, 2009 for the limited purpose of completing currently noticed depositions and for resolving any disputes that may arise relating to the deposition of plaintiff's person most knowledgeable. The discovery cutoff date of October 30, 2009 is therefore extended to December 14, 2009 for this limited purpose. In conjunction with the discovery cutoff date extension set forth herein, the date set in the scheduling order dated November 19, 2008 for discloser of expert witnesses shall also be extended from November 13, 2009 to December 30, 2009, and the date for supplemental expert witness discloser shall be extended from December 3, 2009 to January 19, 2010. 2. The extension of the discovery cutoff date as provided in paragraph 1 shall be

construed to allow the service of responses to any outstanding discovery requests as well as the service of any further discovery requests that would otherwise have been untimely under the previous discovery cutoff date of October 30, 2009. /// /// 2
JOINT STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER & TO EXTEND DISCOVERY CUTOFF

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3.

The extension of the discovery cutoff date as provided in paragraph 1 shall not extend

or alter any other dates or deadlines in the scheduling order dated November 19, 2008. DATED: October 29, 2009 MILLSTONE, PETERSON & WATTS, LLP Attorneys at Law By: /s/ Glenn W. Peterson GLENN W. PETERSON

Attorneys for Defendants Indemnity Company of California and Insco Insurance Services, Inc. I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.

MILLSTONE PETERSON & WATTS, LLP Attorneys at Law /s/ Glenn W. Peterson DATED: October 29, 2009 CALIFORNIA DEPARTMENT OF EDUCATION By: /s/ Peter J. Stubbs (As Authorized on 10/28/09) PETER J. STUBBS

Attorney for Plaintiff California Department of Education

IT IS SO ORDERED.

DATED: October 29, 2009

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

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JOINT STIPULATION TO MODIFY PRETRIAL SCHEDULING ORDER & TO EXTEND DISCOVERY CUTOFF