National Union Fire Insurance Company of Pittsburgh, PA v. Allied Property and Casualty Insurance Company

Filing 24

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 6/5/13 ORDERING that the Discovery cutoff, currently set for 6/14/13, is moved to 6/28/13. All other dates established by the Court's Scheduling Order remain in effect. (Becknal, R)

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Karen L. Uno (State Bar No. 117410)
[e-mail]
Renée C. Callantine (State Bar No. 155991)
[e-mail]
MECKLER BULGER TILSON MARICK & PEARSON LLP
575 Market Street, Suite 2200
San Francisco, CA 94105
TEL: [phone] FAX: [phone]
Attorneys for Defendant
ALLIED PROPERTY AND CASUALTY
INSURANCE COMPANY

MECKLER BULGER TILSON MARICK & PEARSON LLP

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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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NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA, a
Pennsylvania corporation,
Plaintiff,
vs.

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STIPULATION AND ORDER TO
CONTINUE DISCOVERY CUT-OFF
FILE DATE:
TRIAL DATE:

May 22, 2012
April 14, 2014

ALLIED PROPERTY AND CASUALTY
INSURANCE COMPANY, an Iowa
corporation,
Defendants.

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CASE NO.: 2:12-CV-01380-MCE- KJN

The parties, by and through their attorneys, hereby request a short continuance of the
discovery cutoff to allow completion of discovery properly noticed and served so as to comply
with the present discovery cutoff of June 14, 2013. The parties request the discovery cutoff be
extended to June 28, 2013. This extension will not affect or interfere with any other dates
scheduled by the court, such as the deadline for dispositive motions or the trial date. It is the first
request made by the parties in this action.
Good cause exists to allow a short continuance of the discovery cutoff. The parties have
been diligent in pursuing discovery, and have already completed written discovery and taken two

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12cv01380.so.0529.DOCX

STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY CUT-OFF

depositions. Additional depositions are scheduled and a couple more will likely noticed in the

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next few days. The parties are engaged in a discovery dispute and have been attempting to

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resolve it informally for the last few months. Progress has been made and it is possible that the

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parties may be able to resolve the dispute without court intervention. There is, however, a motion

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to compel further production of underwriting documents by plaintiff Nation Union on calendar.

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The hearing date has been expedited to June 11 by the court but, even with the expedited date, it

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seems unlikely that the parties will be able to obtain the disputed documents in time to prepare for

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MECKLER BULGER TILSON MARICK & PEARSON LLP

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and take the depositions of the underwriters. Moreover, National Union has objected to the

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underwriters depositions and a motion to compel on that issue may ultimately be necessary. The

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parties would also like to attempt to resolve this dispute without resorting to law and motion, and

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thus the additional two weeks would assist with that endeavor.

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For these and other valid reasons, the parties respectfully request that the current
discovery cutoff of June 14, 2013 be extended to June 28, 2013.

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Dated: May 24, 2013

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MECKLER BULGER TILSON MARICK &
PEARSON LLP

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By: /s/ Renee C. Callantine
Karen L. Uno
Renée C. Callantine
Attorneys for Defendant
ALLIED PROPERTY AND CASUALTY
INSURANCE COMPANY

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Dated: May 24, 2013

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MCCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By: /s/ Jay A. Christofferson
Jay A. Christofferson
Attorney for Plaintiff
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA

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12cv01380.so.0529.DOCX

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY CUT-OFF

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ORDER

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GOOD CAUSE APPEARING, it is ordered that the discovery cutoff, currently set for

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June 14, 2013, is moved to June 28, 2013. All other dates established by the Court’s Scheduling

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Order remain in effect.

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IT IS SO ORDERED.
DATED: June 5, 2013

MECKLER BULGER TILSON MARICK & PEARSON LLP

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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12cv01380.so.0529.DOCX

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE DISCOVERY CUT-OFF