Wallis et al v. Centennial Insurance Company Inc et al

Filing 222

ORDER signed by Senior Judge William B. Shubb on 4/29/2013 ORDERING 220 for the Completion of Discovery to 6/13/2013, for the sole purpose of allowing defendants to depose Mr. Baiocchi and Ms. Mendoza and resolving any related discovery disputes th at may arise from those depositions. Discovery otherwise remains closed. Defendants have provided insufficient reason for the court to extend the trial and dispositive motion cutoff dates. Thus, in all other respects, defendants' ex parte application will be DENIED. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DALE M. WALLIS, D.V.M., JAMES
L. WALLIS, and HYGIEIA
BIOLOGICAL LABORATORIES, INC.,
a California Corporation,

NO. CIV. 08-02558 WBS GGH
ORDER RE: EX PARTE APPLICATION
FOR EXTENSION OF TRIAL DATE,
DISPOSITIVE MOTION CUTOFF,
DISCOVERY COMPLETION, AND
DISCOVERY MOTION DATES

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Plaintiffs,
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v.
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CENTENNIAL INSURANCE COMPANY,
INC., a New York corporation,
and ATLANTIC MUTUAL INSURANCE,
CO., INC., a New York
corporation,

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Defendants,
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/
AND RELATED COUNTERCLAIMS AND
THIRD-PARTY COMPLAINT.
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On February 28, 2013, the court granted defendant
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Atlantic Mutual’s motion for judgment on the pleadings.

(Feb.

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28, 2013 Order (Docket No. 212).)

The court allowed plaintiffs

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twenty days from the date of the Order to file an amended
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complaint “consistent with [the] Order.”

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added).)

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(Id. at 20 (emphasis

Plaintiffs filed a First Amended Complaint (“FAC”) on

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March 20, 2013.

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parte application to extend the trial, dispositive motion cutoff,

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discovery completion, and discovery motion dates.

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215.)

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amend consistent with its February 28, 2013, and March 29, 2013

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orders.

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(Docket No. 214.)

Defendants then filed an ex

(Docket No.

The court struck the FAC and granted plaintiff leave to

(Mar. 29, 2013 Order (Docket No. 216).)

defendants’ ex parte application as moot.

It denied

(Id.)

Plaintiffs filed a revised FAC on April 4, 2013.

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(Docket No. 217.)

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to extend the trial, dispositive motion cutoff, discovery

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completion, and discovery motion dates.

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Plaintiffs filed an opposition.

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Defendants renewed their ex parte application

(Document No. 220.)

(Document No. 221.)

The court has reviewed the papers submitted by all

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parties, but finds them to be of little assistance.

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to this litigation who read both plaintiffs’ and defendants’

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recounting of its history could not be faulted for believing that

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she read about two different actions.

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contentiousness between these parties will only be exacerbated by

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further unnecessary delays.

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A stranger

The level of

However, due to the difficulties arising from Mr.

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Baiocchi’s health, the court will extend the date for completion

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of discovery of March 15, 2013, by ninety days to June 13, 2013,

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for the sole purpose of allowing defendants to depose Mr.

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Baiocchi and Ms. Mendoza and resolving any related discovery

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disputes that may arise from those depositions.
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Discovery

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otherwise remains closed.

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reason for the court to extend the trial and dispositive motion

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cutoff dates.

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application will be denied.

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IT IS SO ORDERED.

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DATED:

Defendants have provided insufficient

Thus, in all other respects, defendants’ ex parte

April 29, 2013

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