Trujillo et al v. Nationwide Mutual Insurance Company et al

Filing 30

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 7/11/14 ORDERING for good cause shown, it is hereby ordered that Paragraph VI of this Court's Pretrial Scheduling Order, dated 8/27/13, is amended to extend the dispositi ve motion hearing date from 10/2/14 to 10/30/14; The briefing schedule set out in Paragraph VI of the Pretrial Scheduling Order will remain in effect as follows: Dispositive motion filed at least 8 weeks prior to hearing; Opposition and any cross-motion filed at least 5 weeks prior to hearing; Reply and opposition to cross-motion filed at least 3 weeks prior to hearing; Reply to cross-motion filed at least 1 week prior to hearing.(Becknal, R)

1 WALKUP, MELODIA, KELLY & SCHOENBERGER
Richard H. Schoenberger, SBN: 122190
2 Spencer J. Pahlke, SBN: 250914
650 California Street, 26th Floor
3 San Francisco, CA 94108
Telephone: [phone]
4 Facsimile: [phone]
Email: [e-mail]
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MEREDITH, WEINSTEIN & NUMBERS, LLP
115 WARD STREET
LARKSPUR, CALIFORNIA 94939

6 MEREDITH, WEINSTEIN & NUMBERS, LLP
Barron L. Weinstein, SBN: 067972
7 115 Ward Street
Larkspur, CA 94939
8 Telephone: [phone]
Facsimile: [phone]
9 Email: [e-mail]
10 Attorneys for Plaintiffs
Pascual Trujillo, Leticia Trujillo,
11 and Gregory Trujillo
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UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

14 Pascual Trujillo, Leticia Trujillo, and Gregory
Trujillo,
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Plaintiffs,

17 v.

CASE NO.: 2:12-CV-02958 MCE CMK
STIPULATION AND JOINT
APPLICATION TO CONTINUE
DISPOSITIVE MOTION HEARING
DATE FROM OCTOBER 2, 2014 TO
OCTOBER 30, 2014;

18 Nationwide Insurance Company of America,
Nationwide Mutual Insurance Company,
19 Nationwide Sales Solutions, Inc., and DOES 150, Inclusive,
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ORDER

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TRIAL DATE: February 9, 2015

Defendants.

JUDGE: Hon. Morrison C. England, Jr.
COMPLAINT FILED: December 7, 2012

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Plaintiffs Pascual Trujillo, Leticia Trujillo, and Gregory Trujillo, and Defendants

25 Nationwide Insurance Company of America, and Nationwide Mutual Insurance Company, through
26 their respective counsel, hereby submit this STIPULATION and JOINT APPLICATION to
27 Continue the Dispositive Motion Hearing Date from October 2, 2014 To October 30, 2014.
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STIPULATION AND JOINT APPLICATION TO CONTINUE DISPOSITIVE MOTION HEARING DATE AND
ORDER
Case No. 2:12-CV-02958 MCE CMK

The Parties have exchanged Initial Disclosures and written discovery, and have completed

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2 the depositions of critical witnesses. The Parties believe that this case is now at a point where
3 settlement discussions will be beneficial.
Therefore, the Parties have agreed to participate in private mediation at this time. In order

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5 to accommodate summer scheduling conflicts and mediator availability, the Parties have agreed
6 that the mediation be completed by the end of August.
Per Paragraph VI of the Pretrial Scheduling Order, dispositive motions are currently due on

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8 or before August 7, 2014, which is 8 weeks before the October 2nd hearing date.
The Parties believe that it will be an inefficient use of time and resources, as well as

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MEREDITH, WEINSTEIN & NUMBERS, LLP
115 WARD STREET
LARKSPUR, CALIFORNIA 94939

10 counterproductive to the mediation, to prepare dispositive motions simultaneously with settlement
11 discussions.
Based on the foregoing, and the Declaration of Barron L. Weinstein, counsel for Plaintiffs,

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13 filed concurrently herewith, the Parties STIPULATE and respectfully JOINTLY REQUEST that
14 the Court extend the dispositive motion hearing date 28 days, from October 2, 2014 to October 30,
15 2014.
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This extension of four weeks will not interfere with or affect any other dates in the Pretrial

17 Scheduling Order, including the pretrial conference and trial dates.
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The briefing schedule set out in Paragraph VI of the Pretrial Scheduling Order will remain

19 in effect as follows:
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Dispositive motion filed at least 8 weeks prior to hearing.

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Opposition and any cross-motion filed at least 5 weeks prior to hearing.

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Reply and opposition to cross-motion filed at least 3 weeks prior to hearing.

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Reply to cross-motion filed at least 1 week prior to hearing.

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Respectfully Submitted,

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STIPULATION AND JOINT APPLICATION TO CONTINUE DISPOSITIVE MOTION HEARING DATE AND
ORDER
Case No. 2:12-CV-02958 MCE CMK

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DATED: July 3, 2014

STROOCK & STROOCK & LAVAN, LLP

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By:

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/s/
Allan S. Cohen

Attorney for Defendants
Nationwide Insurance Company of America,
Nationwide Mutual Insurance Company,
And Nationwide Sales Solutions, Inc.,

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MEREDITH, WEINSTEIN & NUMBERS, LLP
115 WARD STREET
LARKSPUR, CALIFORNIA 94939

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DATED: July 3, 2014

MEREDITH, WEINSTEIN & NUMBERS, LLP

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By:

/s/
Barron L. Weinstein

Attorney for Plaintiffs
Pascual Trujillo, Leticia Trujillo,
and Gregory Trujillo

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STIPULATION AND JOINT APPLICATION TO CONTINUE DISPOSITIVE MOTION HEARING DATE AND
ORDER
Case No. 2:12-CV-02958 MCE CMK

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ORDER
For good cause shown, it is hereby ordered that Paragraph VI of this Court’s Pretrial

3 Scheduling Order, dated August 27, 2013, is amended to extend the dispositive motion hearing
4 date from October 2, 2014 to October 30, 2014.
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The briefing schedule set out in Paragraph VI of the Pretrial Scheduling Order will remain

6 in effect as follows:
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Dispositive motion filed at least 8 weeks prior to hearing.

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Opposition and any cross-motion filed at least 5 weeks prior to hearing.

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Reply and opposition to cross-motion filed at least 3 weeks prior to hearing.

MEREDITH, WEINSTEIN & NUMBERS, LLP
115 WARD STREET
LARKSPUR, CALIFORNIA 94939

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Reply to cross-motion filed at least 1 week prior to hearing.

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IT IS SO ORDERED.

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Dated: July 11, 2014

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STIPULATION AND JOINT APPLICATION TO CONTINUE DISPOSITIVE MOTION HEARING DATE AND
ORDER
Case No. 2:12-CV-02958 MCE CMK