Desrosiers v Hartford Fire Ins., et al

Filing 11

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 9/22/2011 re 10 ORDERING that the 9 Scheduling Order is AMENDED as follows : Non-expert discovery ddl 1/7/12; Disclosure of experts and production of reports ddl 2/7/12; Rebuttal of Disclosure of Expert Testimony ddl 3/7/12; Dispositive motions Hearing ddl 4/10/12. (Duong, D)

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JACKSON LEWIS LLP
ROBERT J. SCHNACK (SBN 191987)
JERRY J. DESCHLER JR. (SBN 215691)
801 K Street, Suite 2300
Sacramento, California 95814
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
THE HARTFORD aka HARTFORD FIRE
INS. CO. and HARTFORD FINANCIAL
SERVICES GROUP, INC.

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Christopher H. Whelan, Esq. (SBN 080823)
CHRISTOPHER H. WHELAN, INC.
11246 Gold Express Drive, Suite 100
Gold River, California 95670-4425
Telephone:
[phone]
Facsimile:
[phone]
Attorney for Plaintiff
LINDA K. DESROSIERS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDA K. DESROSIERS,

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Plaintiff,

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v.
THE HARTFORD aka HARTFORD FIRE INS.
CO., HARTFORD FINANCIAL SERVICES
GROUP, INC., and DOES 1 through 20,
inclusive,
Defendants.

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Case No. 2:09-cv-02057-MCE-GGH
STIPULATION AND JOINT
APPLICATION TO EXTEND
DISCOVERY CUT-OFF AND MOTION
HEARING DEADLINE;
ORDER THEREON

Complaint Filed: January 26, 2009
Trial Date:
August 13, 2012

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Pursuant to Federal Rule of Civil Procedure 16(b)(4), and for good cause shown, Plaintiff

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Linda K. Desrosiers (“Plaintiff”) and Defendants THE HARTFORD aka HARTFORD FIRE INS.

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CO. and HARTFORD FINANCIAL SERVICES GROUP, INC. (collectively hereinafter

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“Defendants”), through their respective counsel of record, hereby stipulate and jointly request that

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the Court vacate the present discovery cut-off date of October 7, 2011, related discovery deadlines
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Stipulation And Joint Application To Extend Discovery CutOff and Motion Hearing Deadline; Order Thereon

DesRosiers v. The Hartford, et al.
Case No. 2:09-cv-02057-MCE-GGH

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in paragraph IV of this Court’s Status (Pretrial Scheduling Order) dated November 30, 2009, and

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the deadline for hearing dispositive motions, and that the Court further continue such dates by

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approximately 60-90 days to allow for mediation as set forth below. The requested continuances

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will have no impact on the final pre-trial conference and trial dates in paragraphs VII and

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VIII of the Pretrial Scheduling Order.

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THE PARTIES HEREBY STIPULATE AS FOLLOWS:

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WHEREAS the parties initially agreed to defer discovery due to Plaintiff’s counsel’s

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impacted trial schedule, and counsel for the Parties have since diligently engaged in discovery in a

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cooperative manner. To date, the parties have exchanged written discovery and over 1,000 pages

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of documentary evidence and have taken five depositions of key witnesses, including a full day of

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Plaintiff’s deposition. Due to the complex legal and factual nature of the case, counsel for the

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parties have agreed that Defendant may depose Plaintiff for up to an additional 3.5 hours beyond

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the 7 hour limit in Federal Rule of Civil Procedure 30(d). The parties have stipulated to participate

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in private mediation, but must schedule the mediation around Plaintiff’s counsel’s trial schedule,

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which includes 4-week trial scheduled to begin September 19, 2011. Consequently, the parties

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agree that, in the interest of increasingly the likelihood of successful mediation, further discovery,

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including completing the depositions of Plaintiff and her treating physicians, should be deferred

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until after mediation. Consequently, good cause exists for continuing the discovery deadlines set

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forth in the Orders as follows:

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(1)

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The deadline of October 7, 2011 to complete all non-expert discovery shall be
vacated and continued to January 7, 2012.

(2)

The deadline of December 7, 2011 to disclose experts and produce reports in

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accordance with Federal Rule of Civil Procedure 26(a)(2) shall be vacated and

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continued to February 7, 2012;

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(3)

The deadline of December 27, 2011 to disclose experts and produce reports for

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expert testimony intended solely for rebuttal in accordance with Federal Rule of

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Civil Procedure 26(a)(2) shall be vacated and continued March 7, 2012; and

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2
Stipulation And Joint Application To Extend Discovery CutOff and Motion Hearing Deadline; Order Thereon

DesRosiers v. The Hartford, et al.
Case No. 2:09-cv-02057-MCE-GGH

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(4)

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The deadline of February 7, 2012 to have dispositive motions heard shall be
vacated and continued to April 10, 2012.

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IT IS SO STIPULATED.

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Dated: September 15, 2011

JACKSON LEWIS LLP

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By:

/s/ Jerry J. Deschler, Jr.
.
ROBERT J. SCHNACK
JERRY J. DESCHLER, JR.
Attorneys for Defendants
THE HARTFORD aka HARTFORD FIRE INS. CO. and
HARTFORD FINANCIAL SERVICES GROUP, INC.

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Dated: September 16, 2011

CHRISTOPHER H. WHELAN, INC.

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By: /s/ Christopher H. Whelan
CHRISTOPHER H. WHELAN
Attorneys for Plaintiff
LINDA K. DESROSIERS

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Having reviewed the parties’ stipulation, and good cause appearing therefore,
IT IS HEREBY ORDERED:

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(1)

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The deadline of October 7, 2011 to complete all non-expert discovery shall be
vacated and continued to January 7, 2012.

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(2)

The deadline of December 7, 2011 to disclose experts and produce reports in

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accordance with Federal Rule of Civil Procedure 26(a)(2) shall be vacated and

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continued to February 7, 2012;

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(3)

The deadline of December 27, 2011 to disclose experts and produce reports for

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expert testimony intended solely for rebuttal in accordance with Federal Rule of

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Civil Procedure 26(a)(2) shall be vacated and continued March 7, 2012; and

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///

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///
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Stipulation And Joint Application To Extend Discovery CutOff and Motion Hearing Deadline; Order Thereon

DesRosiers v. The Hartford, et al.
Case No. 2:09-cv-02057-MCE-GGH

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(4)

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The deadline of February 7, 2012 to have dispositive motions heard shall be
vacated and continued to April 10, 2012.

Dated: September 22, 2011

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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Stipulation And Joint Application To Extend Discovery CutOff and Motion Hearing Deadline; Order Thereon

DesRosiers v. The Hartford, et al.
Case No. 2:09-cv-02057-MCE-GGH