Garcia v. Standard Life Insurance Company

Filing 44

STIPULATION and ORDER regarding trial procedures signed by Senior Judge William B. Shubb on 6/26/15. (Manzer, C)

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WARREN H. NELSON, JR., # 104744
A PROFESSIONAL CORPORATION
6161 El Cajon Blvd., # 273
San Diego, CA 92115
Telephone: [phone]
Facsimile: 619 501 7948
Email: [e-mail]
Attorney for Defendant
Standard Insurance Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KATHLEEN GARCIA,
Plaintiff,

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vs.

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STANDARD INSURANCE
COMPANY, et al.

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Defendants.

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Case No.: 2:13-cv-02164-WBS-CKD
STIPULATION AND ORDER RE
TRIAL PROCEDURES
No hearing set or required.
Bench Trial: July 14, 2015
Before the Honorable William B.
Shubb, Judge, Courtroom No. 5

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Plaintiff Kathleen Garcia and Defendant Standard Insurance Company

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(“Standard”) (collectively, the “Parties”) respectfully submit that it is in everyone’s

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interest to streamline trial of this matter. Therefore, subject to the Court’s

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approval, the Parties stipulate as follows to allow for streamlining of the bench trial

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and related procedures:

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1. The Court is familiar with the issues in this case, having already entertained

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and reviewed substantial briefing and evidence therewith submitted by the

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Parties in connection with Standard’s February 2015 partial summary

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judgment motion and heard extensive argument on April 20, 2015.

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Accordingly, in the upcoming bench trial, the Parties want to avoid the

STIP/ ORDER RE TRIAL PROCEDURES – 2:13-cv-02164-WBS-CKD - 1

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expense of preparing and presenting opening and closing statements and to

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save Court time that would be taken up hearing these. The Parties agree

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there shall be no opening or closing statements. The Court, to the extent

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that it wishes additional argument after the close of evidence, shall, of

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course, retain the option of ordering the Parties to submit such other and

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further matter, including closing arguments, as it may wish to require.

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2. Standard’s trial witness, Kathryn Somner, of Portland, Oregon, has a

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confidential medical issue that precludes her, on orders from her physician,

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from traveling by air from now through at least the end of trial. Her trial

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testimony, direct and cross-examination, shall therefore be conducted via

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video conference. All costs associated with this shall be borne by Standard,

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and Standard shall make all arrangements with the Courtroom Deputy and

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Schmitt Reporting for the taking of this testimony, which is hereby

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scheduled for 11:00 AM on what is anticipated to be the last day of trial,

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July 16, 2016. Ms. Somner shall appear at Schmitt Reporting, Woodlark

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Building, 813 SW Alder, Suite 610, Portland, OR 97205,

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[e-mail], [phone], toll free: [phone], no

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later than 10:00 AM, i.e., one hour before the 11:00 AM scheduled start of

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her testimony, on July 16, 2015.

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3. The parties have identified an issue involving a privileged March 2009

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letter (the “Letter”) inadvertently produced to Standard among the records

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subpoenaed from Garcia’s former attorney, Steven Heller, Esq. The parties

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have agreed that Standard shall destroy the Letter and all copies of it in the

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possession of Standard, its attorney and his attorney service. No other

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copies of the Letter are known to exist. Since additional privileged material

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may be found among the records subpoenaed from Garcia’s former

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attorney, Steven Heller, Esq., the parties have reached agreement that any

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such material, as soon as it is established that it may be privileged, shall not

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further be reviewed, shall be disclosed to Garcia’s counsel, who, if privilege

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is claimed, will then direct Standard either to return to them or destroy all

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copies of the privileged matter.

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4. In order to obviate any need to take Court time for the appearance of the

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investigator who filmed Kathleen Garcia on December 23, 26, 2014, and

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January 9, 2015, the parties agree that the surveillance video of Garcia,

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which has already been submitted to the Court on Standard’s motion for

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summary judgment and authenticated in the investigator’s affidavit

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(PACER Doc 22-7), is authentic. No other objection of any kind to this

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videotape, including relevance, is waived.

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IT IS SO STIPULATED.

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Dated: June 25, 2015
/s/ Warren H. Nelson, Jr.
WARREN H. NELSON, JR.
A PROFESSIONAL CORPORATION
6161 El Cajon Boulevard, # 273
San Diego, CA 92115

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Attorney for Defendant
STANDARD INSURANCE COMPANY

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IT IS SO STIPULATED.
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Dated: June 25, 2015
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/s/ Dan Rainsbury
Dan Rainsbury

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DAVID ALLEN & ASSOCIATES
5230 Folsom Boulevard
Sacramento, CA 95819

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Attorneys for Plaintiff
KATHLEEN GARCIA

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IT IS SO ORDERED.
Dated: June 26, 2015

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