Desrosiers v Hartford Fire Ins., et al

Filing 24

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 5/25/12 ORDERING that the deadline for Defendants to complete discovery ralating to completion of the deposition of Cynthia Front, M.D. and compliance with Defedants's subpoenas, shall be 6/25/2012; and the deadline for Plaintiff to complete discovery relating to the site inspection of Defendants' premises shall be 6/25/12. (Mena-Sanchez, L)

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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,
Defendants.

STIPULATION AND JOINT
APPLICATION FOR LEAVE TO
COMPLETE LIMITED DISCOVERY
AFTER DISCOVERY CUT-OFF;
ORDER THEREON

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

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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 For Leave To Complete
Limited Discovery After Discovery Cut-Off; Order Thereon

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

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the Court grant leave to complete limited discovery after the current discovery cutoff of May 25,

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2012, consisting of: (1) completing the deposition of third party witness, Cynthia Front, M.D.

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(one of Plaintiff’s treating physicians); and (2) completing a site inspection of Defendants’

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premises. This request will have no impact on the deadline to disclose expert witnesses, the

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deadline to hear dispositive motions, the final pre-trial conference and trial dates in the

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Court’s Order Continuing Trial, dated October 27, 2011 (which modified paragraphs VII

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and VIII of the Pretrial Scheduling Order), or any other deadlines related to the present

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case. Alternatively, the Parties jointly request that the Court vacate the present discovery cut-off

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date of May 25, 2012 and continue the cutoff by approximately 30 days to allow for completion of

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the above-referenced discovery and any necessary proceedings related thereto.

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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 and have completed all non-expert witness discovery other than Defendant’s

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deposition of Cynthia Front, M.D. and Plaintiff’s inspection of Defendants’ premises.

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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 with respect to the deposition of Cynthia Front, M.D., Dr. Front is one of

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Plaintiff’s treating physicians relating to Plaintiff’s emotional distress, and has treated Plaintiff for

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approximately 12 years. Defendants conferred with Plaintiff’s counsel and Dr. Front for several

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months to obtain mutually-agreeable dates for her deposition. Defendants issued two separate

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subpoenas to Dr. Front at her two separate office locations, the second of which had a production

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date of April 2, 2012. Dr. Front asserted privilege, and Defendants thereafter filed a motion and

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obtained an Order from Northern District of California Judge William Alsup, dated May 8, 2012,
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Stipulation And Joint Application For Leave To Complete
Limited Discovery After Discovery Cut-Off; Order Thereon

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

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compelling Dr. Front’s compliance with Defendants’ records subpoena and deposition subpoena.

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Defendants initially planned to depose Dr. Front after the production date. Due to scheduling

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conflicts caused by Dr. Front’s patient treatment schedule and travel plans, and Plaintiff’s

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counsel’s busy trial schedule, the deposition was rescheduled for the mutually-agreeable date of

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May 18, 2012.

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scheduling conflict arose in Plaintiff’s counsel’s schedule. Moreover, Dr. Front stated she needs

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additional time to compile and produce records in response to Defendants’ subpoena and Judge

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Alsup’s order. The parties are working together with one another and Dr. Front to schedule a

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mutually-agreeable deposition date within the next 30 days.

However, after the deposition was scheduled to take place on that date, a

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WHEREAS Plaintiff’s counsel has requested to conduct a site inspection of Defendants’

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premises, and the parties are working together with one another to schedule a mutually-agreeable

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date within the next 30 days.

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WHEREAS the Parties are not seeking to conduct any other non-expert discovery in the

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case past the discovery cutoff other than the deposition of Dr. Front and Plaintiff’s inspection of

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Defendants’ premises, and any proceedings related thereto.

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Consequently, good cause exists for permitting the following limited discovery after the
discovery cutoff as follows:

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(1)

The deadline for Defendants to complete discovery relating to completion of the

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deposition of Cynthia Front, M.D. and compliance with Defendant’s subpoenas,

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shall be June 25, 2012; and

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(2)

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The deadline for Plaintiff to complete discovery relating to the site inspection of
Defendants’ premises shall be June 25, 2012.

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Alternatively, good cause exists for the Court to vacate the present discovery cut-off date

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of May 25, 2012 and continue the cutoff by approximately 30 days to allow for completion of the

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above-referenced discovery and any necessary proceedings related thereto.

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IT IS SO STIPULATED.

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///

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Stipulation And Joint Application For Leave To Complete
Limited Discovery After Discovery Cut-Off; Order Thereon

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

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Dated: May 18, 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: May 18, 2012

CHRISTOPHER H. WHELAN, INC.

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By: /s/ Christopher H. Whelan [as approved on 5/18/12]
CHRISTOPHER H. WHELAN
Attorneys for Plaintiff
LINDA K. DESROSIERS

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ORDER

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

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(1)

The deadline for Defendants to complete discovery relating to completion of the

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deposition of Cynthia Front, M.D. and compliance with Defendant’s subpoenas,

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shall be June 25, 2012; and

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(2)

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The deadline for Plaintiff to complete discovery relating to the site inspection of
Defendants’ premises shall be June 25, 2012.

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Dated: May 25, 2012

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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c4d6b0d3

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Stipulation And Joint Application For Leave To Complete
Limited Discovery After Discovery Cut-Off; Order Thereon

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