Barboza v. California Association of Professional Firefighters, Long-Term Disability Plan et al

Filing 39

STIPULATION and ORDER 38 for modification of 16 Pretrial Scheduling Order signed by Judge Frank C. Damrell, Jr. on 4/27/2010. Expert Discovery date is EXTENDED to 6/25/2010. The last date for Dispositive Motions are not due 8/20/2010. Final Pretrial Conference is CONTINUED to 10/29/2010 at 02:00 PM and Trial has been CHANGED to 1/25/2011 at 09:00 AM. (Marciel, M)

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GEOFFREY V. WHITE (SBN. 068012) LAW OFFICE OF GEOFFREY V. WHITE 351 California St., Suite 1500 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff DAVID BARBOZA LOUIS A. GONZALEZ, JR. (SBN 157373) W. SCOTT CAMERON (SBN 229828) WEINTRAUB GENSHLEA CHEDIAK 400 Capitol Mall, 11th Flr. Telephone: [phone] Facsimile: [phone] Attorneys for Defendants, CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS LONG-TERM DISABILITY PLAN; and CALIFORNIA ADMINISTRATION INSURANCE SERVICES, INC. and KENNETH BLANTON, DENNIS CAMPANALE, GENE DANGEL, JAMES FLOYD, CHARLES GLUCK, BRIAN PINOMAKI, and WILLIAM SOQUI, Individually and as Plan Directors UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DAVID BARBOZA, v. Plaintiff,

CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, et al., Defendants. ___________________________________

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Case No. CIV S-08-02569 FCD GGH STIPULATION AND ORDER RE: MODIFICATION TO PRETRIAL SCHEDULING ORDER

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WHEREAS the Court issued it's Pretrial Scheduling Order on February 29, 2009, which set the cut-off date for expert discovery at April 15, 2010 and the latest date for hearing dispositive motions as June 18, 2010; WHEREAS one of Defendants' primary counsel was deployed to Afghanistan in the Air National Guard for four months between September 2009 and January 2010, impacting the parties' ability to complete all non-expert discovery early in the case; WHEREAS several of the expert witnesses in this matter are accountants with very limited availability for deposition between March 15, 2010 and April 15, 2010, and other experts had previously scheduled trips out of the country during that time; WHEREAS Defendants' counsel was also unavailable for almost two weeks of this period due to a previously scheduled trip; WHEREAS despite the best efforts and diligence of counsel for both Plaintiff and Defendants, several depositions of expert witnesses were not able to be completed before April 15, 2010; WHEREAS the parties have recently engaged in meaningful settlement discussions with a realistic potential for resolving most, if not all, of the issues in dispute in this matter; WHEREAS the parties believe that mediation would significantly increase the likelihood of settlement and the parties are exploring mediation at this time; WHEREAS the parties believe that mediating the case before the necessity of completing expert discovery and briefing dispositive motions would also likely increase the chances of resolving many, if not all, issues in dispute in this matter; WHEREAS the parties believe that even if the case does not completely settle, several issues are likely to be resolved which would significantly streamline the issues that the Court must address in dispositive motions and potentially the trial of the case, thus easing the burden on the Court and reducing the expense to both parties; WHEREAS the parties believe that they will be able to complete the settlement discussions and, if necessary, complete expert discovery and dispositive motions if any issues remain unresolved if they are given an additional 60 days;

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WHEREAS the parties believe that good cause exists for extending expert discovery and dispositive motions in this matter to allow the parties to resolve any issues that can be resolved without burdening the Court; THEREFORE, THE PARTIES STIPULATE that, pursuant to Federal Rule of Civil Procedure 16(b)(4), good cause exists for modifying the Court's Pretrial Scheduling Order to allow an additional 60 days to complete expert discovery and dispositive motions, and that therefore the expert discovery cut-off date should be changed to June 25, 2010, and the last date to hear dispositive motions should be changed to August 20, 2010. Should these changes necessitate a change to the date of the trial and/or final pretrial conference in this matter, the parties stipulate that the anticipated resolution of at least some of the issues to be decided warrant such change. Dated: April 26, 2010 LAW OFFICE OF GEOFFREY V. WHITE

By /S/ Geoffrey V. White Geoffrey V. White, Attorney for Plaintiff DAVID BARBOZA Dated: April 26, 2010 WEINTRAUB GENSHLEA CHEDIAK

By: /S/ Louis A. Gonzalez, Jr. Louis A. Gonzalez, Jr. Attorneys for Defendants CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, CALIFORNIA ASSOCIATION OF PROFESSIONAL FIREFIGHTERS LONG-TERM DISABILITY PLAN; CALIFORNIA ADMINISTRATION INSURANCE SERVICES, INC., KENNETH BLANTON, DENNIS CAMPANALE, GENE DANGEL, JAMES, FLOYD, CHARLES GLUCK, BRIAN PINOMAKI and WILLIAM SOQUI.

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ORDER

As it appears that the parties are working diligently to resolve issues and streamline the issues in this matter and have been unable, despite their best efforts, to complete expert discovery in the time set by the Pretrial Scheduling Order, the Court finds that good cause exists for modifying its Pretrial Scheduling Order as follows: IT IS SO ORDERED that the Pretrial Scheduling Order shall be amended to extend expert discovery to June 25, 2010, and to extend the last date to hear dispositive motions to August 20, 2010. As a result of these changes, the Final Pretrial Conference, previously set for August 27, 2010, is changed to October 29, 2010, at 2:00 p.m., and the trial previously set for November 2, 2010, is changed to January 25, 2011, at 9:00 a.m.

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