Desrosiers v Hartford Fire Ins., et al

Filing 17

STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 3/16/12: Designation of Expert Witnesses due by 6/13/2012. Discovery due by 5/25/2012. Disclosure of Expert Reports and Testimony Deadline 7/13/2012. Dispositive Motions filed by 8/14/2012. (Kaminski, H) Modified on 3/19/2012 (Meuleman, A).

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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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SACRAMENTO DIVISION

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LINDA K. DESROSIERS,

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Plaintiff,

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Case No. 2:09-cv-02057-MCE-GGH

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

STIPULATION AND JOINT
APPLICATION TO EXTEND
DISCOVERY CUT-OFF AND MOTION
HEARING DEADLINE;
ORDER THEREON

Complaint Filed: January 26, 2009
Trial Date:
January 22, 2013

Defendants.

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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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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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the Court vacate the present discovery cut-off date of April 7, 2012, deadline to disclose expert

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witnesses of May 7, 2012, deadline to disclosure rebuttal experts of June 7, 2012, and deadline for

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hearing dispositive motions of July 10, 2012, and that the Court further continue such dates by

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approximately 30 days as set forth below. The requested continuances will have no impact on

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the final pre-trial conference and trial dates in the Court’s Order Continuing Trial, dated

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October 27, 2011 (which modified paragraphs VII and VIII of the Pretrial Scheduling

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Order).

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THE PARTIES HEREBY STIPULATE AS FOLLOWS:

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WHEREAS this matter is set for trial January 22, 2013.

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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 included 4-week trial in late 2011.

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WHEREAS the Court entered an order continuing the discovery and dispositive motions

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on September 23, 2011 (doc. no. 11). Subsequently, on October 27, 2011, the Court sua sponte

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issued an Order Continuing Trial vacating prior dates in paragraphs VII and VIII of the Pretrial

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Scheduling Order and continuing the Final Pretrial Conference to November 29, 2012 and the trial

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date to November 15, 2012.

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WHEREAS the parties secured a mutually-agreeable mediation date of January 31, 2012

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and attempted to mediate the case, but were ultimately unsuccessful. Since mediation, the parties

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have communicated in good faith to formulate a mutually-agreeable discovery plan to complete all

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anticipated remaining discovery, but have had to schedule such remaining discovery after the

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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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existing discovery cutoff due to counsel’s full trial and litigation schedule and a planned vacation

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out of the country.

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Consequently, good cause exists for continuing the discovery deadlines set forth in the

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Orders as follows:

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(1)

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The deadline of April 7, 2012 to complete all non-expert discovery shall be vacated
and continued to May 25, 2012.

(2)

The deadline of May 7, 2012 to disclose experts and produce reports in accordance

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

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June 13, 2012;

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(3)

The deadline of June 7, 2012 to disclose experts and produce reports for expert

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

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Procedure 26(a)(2) shall be vacated and continued to July 13, 2012; and

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(4)

The deadline of July 10, 2012 to have dispositive motions heard shall be vacated
and continued to August 14, 2012.

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IT IS SO STIPULATED.

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Dated: March 14, 2012

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: March 12, 2012

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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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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Having reviewed the parties’ stipulation, and good cause appearing therefore,
IT IS HEREBY ORDERED:
(1)

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The deadline of April 7, 2012 to complete all non-expert discovery shall be vacated
and continued to May 25, 2012.

(2)

The deadline of May 7, 2012 to disclose experts and produce reports in accordance

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

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June 13, 2012;

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(3)

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

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The deadline of June 7, 2012to disclose experts and produce reports for expert

Procedure 26(a)(2) shall be vacated and continued to July 13, 2012; and
(4)

The deadline of July 10, 2012 to have dispositive motions heard shall be vacated
and continued to August 14, 2012.

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Dated: March 16, 2012
__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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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