RSUI Indemnity Company v. Discover P&C Insurance Co. et al

Filing 52

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/19/17 ORDERING that the February 17, 2017 Discovery Cutoff date in the Pretrial Scheduling Order is EXTENDED to April 1, 2017; the April 20, 2017 Expert Designation is EXTENDED to May 1, 2017, and the date for Designation of Rebuttal Experts is EXTENDED May 20, 2017. (Becknal, R)

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MUSICK, PEELER & GARRETT LLP

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ATTORNEYS AT LAW
ONE WILSHIRE BOULEVARD, SUITE 2000
LOS ANGELES, CALIFORNIA 90017-3383
TELEPHONE [phone]
FACSIMILE 213-624-1376

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David A. Tartaglio (State Bar No. 117232)
4 Cheryl A. Orr (State Bar No. 132379)
Chad A. Westfall (State Bar No. 208968)
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Attorneys for Plaintiff RSUI INDEMNITY COMPANY
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 RSUI INDEMNITY COMPANY,

CASE No. 2:13-CV-00960-TLN-EFB

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STIPULATION TO EXTEND
DISCOVERY CUTOFF AND EXPERT
DISCLOSURE DATES
AND ORDER

Plaintiff,

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vs.

14 DISCOVER P&C INSURANCE CO.;
DISCOVER-RE MANAGERS, INC.; and
15 DOES 1 through 20, inclusive,
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Defendants.

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WHEREAS the Court’s Pretrial Scheduling Order [Dkt 38] referred this matter to

20 the Court’s Voluntary Dispute Resolution Program;
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WHEREAS the VDRP Administrator has appointed four (4) different VDRP

22 Neutrals [Dkt. 39, 41, 44 and 48] over the last four months and had to withdraw all of those
23 appointments for various reasons not attributable to the parties [Dkt. 40 (neutral calendar too full),
24 43 (neutral did not respond to communications from court), 45 (neutral had conflict of interest)
25 and 49(neutral retired)];
WHEREAS Plaintiff RSUI Indemnity Company (“RSUI”) and Defendant Discover

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27 P&C Insurance Co. (“DPCIC”) had not anticipated these difficulties in selecting a mediator when
28 they stipulated to the VDRP program and provided their Joint Status Report [Dkt 35] to the Court
1027548.1

STIPULATION TO EXTEND DISCOVERY CUTOFF AND EXPERT DISCLOSURE DATES

1 regarding the pre-trial schedule;
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WHEREAS the Court’s Pretrial Scheduling Order [Dkt 38] provides all discovery

3 in this matter shall be completed by February 17, 2017, expert designations and Rule 26(a)(2)(B)
4 reports are to be made no later than April 20, 2017, and rebuttal experts are to be designated no
5 later than 20 days after the designation of experts;
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WHESEAR RSUI and DPCIC have conducted a substantial amount of written

7 discovery, but would like to opportunity to complete the VDRP mediation before incurring all the
8 expense required to complete discovery, designate experts and designate rebuttal experts;
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WHEREAS a six week extension of the discovery cutoff and expert designation

10 dates should allow the parties to explore settlement and potentially avoid the expense of
11 completing discovery designation of experts;
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WHEREAS the extension will not otherwise impact the Court’s Pretrial

13 Scheduling Order or the trial date;
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WHEREAS the Parties have not previously sought any extension of the discovery

15 cutoff date, the expert designation date or the rebuttal expert designation date;
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NOW, THEREFORE, pursuant to Eastern District Local Rules 143 and 144, THE

17 PARTIES HEREBY STIPULATE, by and through their attorneys of record and subject to the
18 Court’s approval, that (1) the February 17, 2017 discovery cutoff date in the Pretrial Scheduling
19 Order be extended to April 1, 2017; (2) the April 20, 2017 expert designation be extended to May
20 1, 2017, and (3) the date for designation of rebuttal experts be extended to May 20, 2017.
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22 Dated: January 18, 2017

MUSICK, PEELER & GARRETT LLP
/s/
By:_____________________________________
CHAD A. WESTFALL
Attorneys for Plaintiff
RSUI INDEMNITY COMPANY

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27 Dated: January 18, 2017
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MUSICK, PEELER
& GARRETT LLP
ATTORNEYS AT LAW

1027548.1

CARLSON, CALLADINE & PETERSON LLP
/s/

STIPULATION AND ORDER
TO EXTEND DISCOVERY CUTOFF AND EXPERT DISCLOSURE DATES

By:_______________________________________
ROBERT M. PETERSON

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Attorney for Defendants
DISCOVER PROPERTY & CASUALTY
INSURANCE COMPANY and DISCOVERRE MANAGERS, INC.

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I, Chad A. Westfall, am the ECF user whose ID and password are being used to file this
STIPULATION TO EXTEND DISCOVERY CUTOFF AND EXPERT DISCLOSURE DATES. I
7 hereby attest that the counsel whose e-signature appears above has concurred with this filing.

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/s/
By:________________________________________
CHAD A. WESTFALL

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12 IT IS SO ORDERED.
13 DATED: January 19, 2017
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Troy L. Nunley
United States District Judge

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MUSICK, PEELER
& GARRETT LLP
ATTORNEYS AT LAW

1027548.1

STIPULATION AND ORDER
TO EXTEND DISCOVERY CUTOFF AND EXPERT DISCLOSURE DATES