Wallis et al v. Centennial Insurance Company Inc et al

Filing 148

STIPULATION and ORDER 147 signed by Judge William B. Shubb on 9/28/12; Because of the unavailability of Joel Baiocchi and Dr. Wallis to have their depositions taken on September 28, 2012, the parties have reached a stipulation to move the depositions previously scheduled for that date to November 5, 2012. If a second day is necessary it has been agreed that the second day will be held in Sacramento, preferably at a conference room in the attorney lounge at the federal courthouse if one is available.(Matson, R)

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1 2 3 4 5 6 7 8 9 JOANNA R. MENDOZA, State Bar No. 148320 LAW OFFICES OF JOANNA R. MENDOZA, P.C. P.O. Box 2593 Granite Bay, CA 95746 (916) 781-7600 (916) 781-7601 FAX jmendoza@theiplawfirm.com JOEL C. BAIOCCHI, State Bar No. 107095 LAW OFFICE OF JOEL C. BAIOCCHI P.O. Box 67 Dutch Flat, CA 95714 (530) 389-9175 (530) 389-9176 jcblaw2@colfaxnet.com Attorneys for Plaintiffs and Counter-defendants and Third Party Defendant 10 11 12 13 GARY R. SELVIN, State Bar No. 112030 SELVIN WRAITH HALMAN LLP 505 14th Street, Suite 1200 Oakland, CA 94612 Telephone: (510) 874-1811 Facsimile: (510) 465-8976 gselvin@selvinwraith.com 14 Attorneys for Defendants and Counter-claimants 15 16 IN THE UNITED STATES DISTRICT COURT 17 FOR THE EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO 18 19 20 DALE M. WALLIS, D.V.M., JAMES L. WALLIS, and HYGIEIA BIOLOGICAL LABORATORIES, INC., 21 Plaintiffs, 22 23 24 25 CASE NO.: 2:08-CV-02558-WBS-GGH STIPULATION AND [PROPOSED] ORDER RE: EXTENDING DISCOVERY DEADLINE FOR DEFENDANTS TO TAKE DEPOSITIONS v. CENTENNIAL INSURANCE COMPANY, INC., a New York corporation; ATLANTIC MUTUAL INSURANCE CO., INC., Complaint Filed: October 27, 2008 Trial Date: February 20, 2013 Defendants. 26 27 AND RELATED COUNTERCLAIM 28 1 STIPULATION CASE NO.: 2:08-CV-02558-WBS-GGH 1 2 3 4 5 Plaintiffs and counter-defendants DALE M. WALLIS, D.V.M., JAMES L. WALLIS and HYGIEIA BIOLOGICAL LABORATORIES, INC. (collectively referred to herein as the “Plaintiffs”), and defendants and counter-claimants CENTENNIAL INSURANCE COMPANY, INC., and ATLANTIC MUTUAL INSURANCE CO., INC. (collectively referred to herein as the “Defendants”), all parties to the above-captioned action, stipulate to the following: 6 7 8 9 On May 1, 2012, the Court issued a Further Scheduling Order [Doc. 141] setting the discovery cut-off date in the above-captioned matter as September 28, 2012. Thereafter, on September 11, 2012, the Defendants noticed the depositions of the following to take place in Walnut Creek, California, on September 28, 2012: 10 1) Dale M. Wallis, D.V.M., at 8:00 a.m.; 11 2) James L. Wallis at 10:00 a.m.; 12 3) Person most knowledgeable (5 categories) for Hygieia Biological Laboratories at 12:00 13 p.m.; 14 4) Attorney Joanna R. Mendoza at 2:00 p.m.; 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5) Attorney Joel C. Baiocchi at 4:00 p.m. Each deposition was noticed to “continue from day to day, Sundays and holidays excepted, at the same time and location, until completed or unless the parties agree on other mutually convenient dates.” On September 13, 2012, Joel Baiocchi, co-counsel for the Plaintiffs, notified Gary Selvin, attorney for the Defendants, that he was unavailable through September 24, 2012, for a scheduled vacation before he went in for surgery to remove a blockage in his right carotid artery on September 25, 2012. Recovery at the hospital would take 2 to 3 days, and Mr. Baiocchi’s surgeon has advised that he should not return to work for three to four weeks following the surgery. Therefore, he would not be available for his deposition before the close of discovery. On September 21, 2012, Joanna Mendoza, co-counsel for the Plaintiffs, notified Gary Selvin that Dr. Wallis was unavailable on September 28, 2012, for her deposition due to a previously scheduled business conference in Wisconsin that she was attending the first week in October and several appointments on September 28 that had to be completed in preparation for that trip. In 2 STIPULATION CASE NO.: 2:08-CV-02558-WBS-GGH 1 2 3 4 5 6 7 addition, on that date she was the only person available to provide transportation to and from school for her child. Because of the unavailability of Joel Baiocchi and Dr. Wallis to have their depositions taken on September 28, 2012, the parties have reached a stipulation to move the depositions previously scheduled for that date to November 5, 2012. If a second day is necessary it has been agreed that the second day will be held in Sacramento, preferably at a conference room in the attorney lounge at the federal courthouse if one is available. 8 9 SO STIPULATED, 10 11 DATED: September 28, 2012 LAW OFFICES OF JOANNA R. MENDOZA, P.C. 12 13 By: ___/s/ Joanna R. Mendoza_____________ Joanna R. Mendoza Attorney for Plaintiffs 14 15 SO STIPULATED. 16 DATED: September 28, 2012 SELVIN WRAITH HALMAN LLP 17 18 By: 19 /s/ Gary R. Selvin Gary R. Selvin Attorneys for Defendants 20 21 IT IS SO ORDERED. 22 DATED: September 28, 2012 23 24 25 26 27 28 3 STIPULATION CASE NO.: 2:08-CV-02558-WBS-GGH

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