Praetorian Insurance Company v. A R Business Group, Inc. et al.,

Filing 30

STIPULATION and ORDER CONTINUING DATES signed by Chief Judge Morrison C. England, Jr. on 06/30/15 ORDERING that the following dates are EXTENDED as follows: Discovery due by 12/18/2015; Designation of Expert Witnesses due by 1/22/2016; last day to hear Dispositive Motions is 3/24/2016; Final Pretrial Conference reset for 6/9/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr. Trial reset for 7/22/2016 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr.(Benson, A)

1
2
3
4
5
6
7

JOHN DOUGLAS BARR ............... California State Bar No. 40663
TROY DOUGLAS MUDFORD ..... California State Bar No. 156392
ESTEE LEWIS..................................California State Bar No. 268358
CATHLEEN THERESA BARR .....California State Bar No. 295538
BARR & MUDFORD, LLP
1824 Court Street/Post Office Box 994390
Redding, California 96099-4390
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants, TATE

8
9
UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12
13

PRAETORIAN INSURANCE COMPANY,

No. 2:13-CV-02639-MCE-EFB

14
Plaintiffs,

15

vs.

16
17
18
19
20

A R BUSINESS GROUP, INC. dba U S TIRE &
WHEEL; MARSHAUN TATE; SHAUN TATE
by and through his guardian ad litem, KENNETH
TATE; ELISEO QUINTERO, SR.; AIDA
QUINTERO; FORD MOTOR COMPANY;
BRIDGESTONE AMERICAS, ICN.,

STIPULATION AND ORDER TO
CONTINUE TRIAL AND EXTEND
THE DISCOVERY CUT OFF AND
EXPERT DISCLOSURE DATES
Trial Date: February 26, 2016

Defendants.

21
22
23

THE PARTIES HERETO, by and through their respective counsel, stipulate as follows:

24
25

WHEREAS the Final Pre-trial Conference is set for January 7, 2016, and Trial is set for
February 26, 2016;

26
WHEREAS the last day to hear dispositive motions is October 29, 2015;

27
28

///

BARR & MUDFORD
Attorneys at Law
1824 Court Street
Post Office Box 994390
Redding, CA 96099-4390
[phone]

Page 1
Stipulation and Order – Continue Trial, Extend Discovery / Expert Wit. Disclosure

1

WHEREAS on March 30, 2015, the Court signed a Stipulation and Order to extend the

2

discovery cut off date from April 24, 2015 to July 20, 2015, and expert witness disclosure date

3

from June 26, 2015 to August 14, 2015. (Document 27);

4

WHEREAS, Plaintiffs scheduled a total of nine depositions in this matter between April

5
6
7

2, 2015 to April 22, 2015;
WHEREAS on March 31, 2015, defendant AR Business Group, Inc. dba U.S. Tire &

8

Wheel filed a Voluntary Petition in the United States Bankruptcy Court for the Eastern District

9

of California, bankruptcy petition #15-22566;

10
11
12

WHEREAS the bankruptcy action resulted in an automatic bankruptcy stay pursuant to
11 U.S.C. section 362(a), thereby preventing the parties from proceeding with the
aforementioned depositions, completing discovery, and from preparing and designating experts;

13
14
15

WHEREAS on April 20, 2015, the bankruptcy was dismissed for failure to timely file
documents;

16

WHEREAS, on April 28, 2015, AR Business Group filed a Motion for Reconsideration

17

of the bankruptcy dismissal, which was denied on May 18, 2015, as the Court deemed it “unduly

18
19

confusing” to vacate the dismissal as notice had already been sent to the creditors, and that the
proper course of action would be for AR Business Group to re-file the bankruptcy action;

20
21
22
23

WHEREAS on June 22, 2015, Mr. Matulich, counsel for AR Business Group, indicated
to Estee Lewis of Barr & Mudford’s office that the bankruptcy would be re-filed in the first half
of July, which would result in a further automatic stay of proceedings.

24

WHEREAS the parties agree that a further extension is necessary in this case to give the

25

plaintiffs time to file a Motion for Relief of the Automatic Bankruptcy Stay; allow the parties to

26
27
28

reschedule the aforementioned depositions; allow the parties to complete discovery, prepare and
designate experts; and allow the parties to prepare dispositive motions.

BARR & MUDFORD
Attorneys at Law
1824 Court Street
Post Office Box 994390
Redding, CA 96099-4390
[phone]

Page 2
Stipulation and Order – Continue Trial, Extend Discovery / Expert Wit. Disclosure

THEREFORE, the parties hereby stipulate, by and through their respective

1
2

counsel, that:

3

1.

4

The discovery cut off date currently set for July 20, 2015, should be extended until
December 18, 2015;

5
6

2.

until January 22, 2016;

7
8

3.

9
10

The last day to hear dispositive motions currently set for October 29, 2015, should be
extended until March 24, 2016;

4.

11
12

The expert witness disclosure date currently set for August 14, 2015, should be extended

The Final Pretrial Conference currently set for January 7, 2016, should be continued until
June 9, 2016;

5.

The Trial currently set for February 26, 2016, should be continued until July 22, 2016.

13
14

DATED: June 24, 2015

15

/s/ John Douglas Barr
JOHN DOUGLAS BARR
Attorney for Defendants TATE

16
17
18

BARR & MUDFORD

DATED: June 24, 2015

SELVIN, WRAITH, HALMAN LLP

19
/s/ Robin D. Korte
ROBIN D. KORTE
Attorney for Plaintiff, Praetorian
Insurance Company

20
21
22
23
24

DATED: June 24, 2015

JAMES J. KAUFMAN, A Professional
Corporation

25
26
27
28

/s/ James J. Kaufman
JAMES J. KAUFMAN
Attorney for Defendants AR BUSINESS
GROUP, INC., dba US TIRE & WHEEL

BARR & MUDFORD
Attorneys at Law
1824 Court Street
Post Office Box 994390
Redding, CA 96099-4390
[phone]

Page 3
Stipulation and Order – Continue Trial, Extend Discovery / Expert Wit. Disclosure

1

DATED: June 24, 2015

LARSON, GARRICK & LIGHTFOOT, LLP

DATED: June 24, 2015

/s/ Mary P. Lightfoot
ARNOLD D. LARSON
MARY P. LIGHTFOOT
Attorneys for Defendant/Cross-Defendant,
BRIDGESTONE AMERICAS, INC.
ROSENTHAL LAW

2
3
4
5
6
7

/s/ S. David Rosenthal
S. DAVID ROSENTHAL
Attorney for Plaintiffs, ELISEO QUINTERO,
And AIDA QUINTERO

8
9
10
11
ORDER

12
13

The discovery cut off date currently set for July 20, 2015, is extended until December 18,

14

2015; the expert witness disclosure date currently set for August 14, 2015, is extended until

15

January 22, 2016; the last day to hear dispositive motions currently set for October 29, 2015, is

16
17
18
19
20
21

extended until March 24, 2016; the Final Pretrial Conference currently set for January 7, 2016, is
continued until June 9, 2016; and the Trial currently set for February 26, 2016, is continued until
July 22, 2016.
IT IS SO ORDERED.
Dated: June 30, 2015

22
23
24
25
26
27
28
BARR & MUDFORD
Attorneys at Law
1824 Court Street
Post Office Box 994390
Redding, CA 96099-4390
[phone]

Page 4
Stipulation and Order – Continue Trial, Extend Discovery / Expert Wit. Disclosure