Travelers Indemnity Company of Connecticut et al v. Arch Specialty Insurance Company

Filing 29

STIPULATION and ORDER signed by Judge John A. Mendez on 4/25/12: Designation of Expert Witnesses due by 7/2/2012. Supplemental disclosures and disclosure of rebuttal experts due by 7/23/2012. Discovery due by 8/31/2012. (Kaminski, H)

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TERRY D. AVCHEN - State Bar No. 75729
[e-mail]
AARON P. ALLAN - State Bar No. 144406
[e-mail]
NOAH PERCH-AHERN - State Bar No. 262164
[e-mail]
GLASER WEIL FINK JACOBS
HOWARD AVCHEN & SHAPIRO LLP
10250 Constellation Boulevard, 19th Floor
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for
ARCH SPECIALTY INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TRAVELERS INDEMNITY OF
CONNECTICUT, a Connecticut
corporation, and TRAVELERS
PROPERTY CASUALTY COMPANY
OF AMERICA, a Connecticut
corporation,

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Plaintiff,
v.
ARCH SPECIALTY INSURANCE
COMPANY, a Nebraska corporation,

CASE NO.: CV 11-01601-JAM (CKD)
Hon. John A. Mendez
STIPULATION AND ORDER
REGARDING CONTINUATION OF
CERTAIN PRE-TRIAL DEADLINES
Complaint Filed: June 13, 2011
Trial Date: January 14, 2013

Defendants.

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ARCH SPECIALTY INSURANCE
COMPANY, a Nebraska corporation,
Counter-Claimant,

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v.

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TRAVELERS INDEMNITY OF
CONNECTICUT, a Connecticut
corporation, and TRAVELERS
PROPERTY CASUALTY COMPANY
OF AMERICA, a Connecticut
corporation,

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Counter-Defendants.

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STIPULATION AND ORDER REGARDING CONTINUATION OF CERTAIN PRE-TRIAL DEADLINES
763286

PDF created with pdfFactory trial version www.pdffactory.com

This Stipulation is made between Defendant and Counter-Claimant Arch

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Specialty Insurance Company (“Arch”) and Plaintiffs and Counter-Defendants

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Travelers Indemnity Company of Connecticut and Travelers Property Casualty

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Company of America (collectively referred to as “Travelers”), through their

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respective attorneys of record, as follows:
WHEREAS, on September 21, 2011, the Court issued a Status (Pre-trial

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Scheduling) Order (“Scheduling Order”) in the above-captioned case;
WHEREAS, Arch and Travelers wish to preserve the existing trial date, but

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desire a short extension of time with respect to expert witness disclosures,

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supplemental disclosures and rebuttal expert disclosures, and the discovery cut-off

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date;

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WHEREAS, good cause exists for this request because (1) one of the Arch

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employees who Travelers wishes to depose was out on pregnancy leave and is still

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recovering from having recently given birth; (2) having completed most of the

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document discovery, deposition discovery is proceeding actively during April and

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May, with additional depositions likely to be required over the summer; and (3) due

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to the nature of the dispute and the fact that deposition discovery has not yet been

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completed, the parties agree they would all benefit from having additional time to

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identify and retain expert witnesses; and

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WHEREAS, Arch and Travelers agree that the other dates and deadlines stated
in the Scheduling Order shall remain the same.
NOW, THEREFORE, Arch and Travelers stipulate and agree that the
following deadlines shall be continued as follows:
1. Expert witness disclosures previously required to be made by June 1, 2012
shall now be made on July 2, 2012.
2. Supplemental disclosures and disclosure of rebuttal experts previously

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required to be made by June 15, 2012 shall now be made on July 23, 2012;

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and
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STIPULATION AND ORDER REGARDING CONTINUATION OF CERTAIN PRE-TRIAL DEADLINES

763286
PDF created with pdfFactory trial version www.pdffactory.com

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3. The discovery cut-off date which previously was August 3, 2012 shall now
be August 31, 2012.

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DATED: April 25, 2011

GLASER WEIL FINK JACOBS
HOWARD AVCHEN & SHAPIRO LLP

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By: /s/ Terry Avchen
TERRY D. AVCHEN
AARON P. ALLAN
NOAH PERCH-AHERN
Attorneys for
ARCH SPECIALTY INSURANCE
COMPANY

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DATED: April 25, 2011

MCKENNA LONG & ALDRIDGE LLP

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By: /s/ Marc Feldman
MARC J. FELDMAN
JOHN T. BROOKS
Attorneys for
TRAVELERS INDEMNITY COMPANY
OF CONNECTRICUT and TRAVELERS
PROPERTY CAUSUALTY COMPANY
OF AMERICA

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STIPULATION AND ORDER REGARDING CONTINUATION OF CERTAIN PRE-TRIAL DEADLINES
763286
PDF created with pdfFactory trial version www.pdffactory.com

ORDER

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Based on the foregoing stipulation of the parties, and good cause appearing

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therefore, IT IS HEREBY ORDERED that the Court’s Status (Pre-Trial Scheduling)

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Order is modified as follows:

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1. Expert witness disclosures previously required to be made by June 1, 2012
shall now be made on July 2, 2012.
2. Supplemental disclosures and disclosure of rebuttal experts previously

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required to be made by June 15, 2012 shall now be made on July 23, 2012;

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and

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3. The discovery cut-off date which previously was August 3, 2012 shall now
be August 31, 2012.

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Dated: 4/25/2012

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/s/ John A. Mendez______________

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Hon. John A. Mendez

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U. S. DISTRICT COURT JUDGE

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STIPULATION AND ORDER REGARDING CONTINUATION OF CERTAIN PRE-TRIAL DEADLINES
763286
PDF created with pdfFactory trial version www.pdffactory.com