Anderson et al v. Nationwide Mutual Insurance Company et al

Filing 40

ORDER granting the continuance of expert reports and dispositive motions. The 3/20/2014 Final Pretrial Conference and 5/12/2014 Jury Trial are vacated. An amended Pretrial Scheduling Order will be forthcoming. Signed by Chief Judge Morrison C. England, Jr. on 9/11/2013. (Deutsch, S)

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1 2 3 4 GLEN A. VAN DYKE, ESQ., SBN: 183796 VAN DYKE LAW GROUP A Professional Corporation 12277 Soaring Way, Suite 300 Truckee, California 96161 Telephone: (530) 587-2130 Fax : (530) 587-2829 gvandyke@vandykelawgroup.com 5 6 7 8 9 DANIEL KOHLS, ESQ., SBN 167987 HANSEN, KOHLS, SOMMER & JACOB 1520 Eureka Road, Suite 100 Roseville, California 95661-2849 Telephone: (916) 781-2550 Fax : (916) 781-5339 dkohls@hansenkohls.com 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA 13 DONALD ANDERSON, et al., 14 CASE NO. 2:12-CV-01057-MCE DAD Plaintiffs, 15 vs. 16 CENTURY SURETY COMPANY, et al., 17 STIPULATION TO AMEND THE SCHEDULING ORDER TO CONTINUE DATES FOR DESIGNATION OF EXPERTS AND PRESENTATION OF EXPERT REPORTS AND FOR DISPOSITIVE MOTIONS; PROPOSED ORDER Defendants. ___________________________________/ 18 19 Pursuant to Federal Rules of Civil Procedure, Rule 29(b), the parties hereby stipulate and 20 request that the Court continue the dates for designation of experts and presentation of expert 21 reports, and the last date for hearing dispositive motions. The current order sets the date for 22 expert designation and presentation of expert reports by September 12, 2013, and the date for 23 hearing all dispositive motions by January 23, 2014. The parties request that the date for the 24 designation of experts and presentation of expert reports be continued to October 28, 2013, and 25 the date for hearing all dispositive motions be continued to March 4, 2014. 26 The request is made on the grounds that one of Plaintiffs’ experts has a family emergency 27 which has required him to leave the state for the next 15-30 days, and he will be unavailable for 28 business matters. The request is made on the further grounds that the parties require completion Stipulation to Continue Dates -1- Anderson v Century Surety, et al. 1 of expert reporting and depositions in order to prepare motions for summary judgment and 2 oppositions to same. Continuance of the expert reporting deadline without a commensurate 3 continuance of the dispositive motion hearing deadline will prejudice the parties’ ability to make 4 and oppose dispositive motions. 5 Dated: August 28, 2013 Van Dyke Law Group, A Professional Corporation 6 7 By:___/S/________________________________ GLEN A. VAN DYKE, Attorneys for Plaintiffs 8 9 Dated: August 30, 2013 Hansen Kohls Sommer & Jacob 10 11 By:___/S/_________________________________ DANIEL KOHLS, Attorneys for Plaintiffs 12 13 Dated: August 30, 2013 Wools & Peer, A Professional Corporation 14 15 By:____/S/________________________________ H. DOUGLAS GALT, DAPHNE SUBAR, Attorneys for Defendant CENTURY SURETY COMPANY 16 17 18 Dated: August 30, 2013 Hines Carder, Attorneys at Law 19 20 By:__/S/_________________________________ MARC HINES MICHELLE CARDER MEGAN LIEBER Attorneys for Defendant NATIONWIDE MUTUAL INS. COMPANY 21 22 23 24 25 26 27 28 Stipulation to Continue Dates -2- Anderson v Century Surety, et al. 1 ORDER 2 The parties, having stipulated and requested that the Court continue the dates for 3 designation of experts and presentation of expert reports, and the last date for hearing dispositive 4 motions, due to the unavailability of Plaintiffs’ expert; 5 6 7 The current order sets the date for expert designation and presentation of expert reports by September 12, 2013, and the date for hearing all dispositive motions by January 23, 2014. GOOD CAUSE APPEARING, the parties’ request that the date for the designation of 8 experts and presentation of expert reports be continued to October 28, 2013, and the date for 9 hearing all dispositive motions be continued to March 4, 2014 is granted. Accordingly, the 10 March 20, 2014 Final Pretrial Conference and May 12, 2014 Jury Trial are vacated. An 11 Amended Pretrial Scheduling Order will be forthcoming. 12 13 IT IS SO ORDERED. 14 15 DATED: September 10, 2013 16 _______________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation to Continue Dates -3- Anderson v Century Surety, et al.

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