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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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
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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
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Attorneys for Defendants and Counter-claimants
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO
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DALE M. WALLIS, D.V.M., JAMES L.
WALLIS, and HYGIEIA BIOLOGICAL
LABORATORIES, INC.,
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Plaintiffs,
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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.
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AND RELATED COUNTERCLAIM
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STIPULATION
CASE NO.: 2:08-CV-02558-WBS-GGH
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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:
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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:
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1) Dale M. Wallis, D.V.M., at 8:00 a.m.;
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2) James L. Wallis at 10:00 a.m.;
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3) Person most knowledgeable (5 categories) for Hygieia Biological Laboratories at 12:00
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p.m.;
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4) Attorney Joanna R. Mendoza at 2:00 p.m.;
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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
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STIPULATION
CASE NO.: 2:08-CV-02558-WBS-GGH
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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.
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SO STIPULATED,
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DATED: September 28, 2012
LAW OFFICES OF JOANNA R. MENDOZA, P.C.
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By: ___/s/ Joanna R. Mendoza_____________
Joanna R. Mendoza
Attorney for Plaintiffs
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SO STIPULATED.
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DATED: September 28, 2012
SELVIN WRAITH HALMAN LLP
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By:
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/s/ Gary R. Selvin
Gary R. Selvin
Attorneys for Defendants
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IT IS SO ORDERED.
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DATED:
September 28, 2012
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STIPULATION
CASE NO.: 2:08-CV-02558-WBS-GGH
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