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

Filing 33

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr on 12/22/15: Designation of Expert Witnesses due by 5/20/2016. Discovery due by 4/15/2016.The last day to hear dispositive motions is 7/29/2016. Final Pretrial Conference set for 9/22/2016 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. Bench Trial set for 10/28/2016 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Kaminski, H)

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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]

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Attorneys for Defendants, TATE

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PRAETORIAN INSURANCE COMPANY,

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Plaintiffs,

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vs.

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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, INC.,

No. 2:13-cv-02639-MCE-EFB
STIPULATION AND ORDER TO
CONTINUE TRIAL AND EXTEND
THE DISCOVERY CUT OFF AND
EXPERT DISCLOSURE DATES
Trial Date: July 22, 2016

Defendants.

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

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WHEREAS on March 31, 2015, defendant AR Business Group, Inc. dba U.S. Tire &

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Wheel filed a Voluntary Petition in the United States Bankruptcy Court for the Eastern District
of California, bankruptcy petition #15-22566;

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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 nine depositions

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that had been set by defendants Tate and Quintero, completing discovery, and from preparing

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and designating experts;

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

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Stipulation and [Proposed] Order – Continue Trial, Extend Discovery / Expert Wit. Disclosure

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

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documents;

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WHEREAS, on April 28, 2015, AR Business Group filed a Motion for Reconsideration
of the bankruptcy dismissal, which was denied on May 18, 2015, as the Court deemed it “unduly

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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;

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WHEREAS on July 14, 2015, AR Business Group, re-filed the Voluntary Petition in the

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United States Bankruptcy Court for the Eastern District of California, bankruptcy petition #15-

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25526-D-7, which has resulted in a further automatic stay of proceedings;

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WHEREAS the Tate’s and Quintero’s filed a Motion for Relief of the Automatic
Bankruptcy Stay, which was recently granted on November 25, 2015;

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WHEREAS the parties have been unable to conduct discovery in this matter due to AR

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Business Group filing for bankruptcy and the cases being automatically stayed based on the

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bankruptcy;

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WHEREAS the current discovery cutoff date is December 18, 2015; the expert witness
disclosure is due on January 22, 2016; the last day to hear dispositive motions is March 25, 2016;
the Final Pre-trial Conference is June 16, 2016; and the Trial is set to begin on July 22, 2016;

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

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parties to complete discovery, prepare and designate experts; and allow the parties to prepare and
respond to dispositive motions.

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THEREFORE, the parties hereby stipulate, by and through their respective
counsel, that:
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The discovery cut off date currently set for December 18, 2015, should be extended until
April 15, 2016;

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

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Stipulation and [Proposed] Order – Continue Trial, Extend Discovery / Expert Wit. Disclosure

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2.

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The expert witness disclosure date currently set for January 22, 2016, should be extended
until May 20, 2016;

3.

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The last day to hear dispositive motions currently set for March 25, 2016, should be
extended until July 29, 2016;

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4.

The Final Pretrial Conference currently set for June 16, 2016, should be continued until
September 22, 2016;

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5.

The trial currently set for July 22, 2016, should be continued until October 21, 2016.

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DATED: December 7, 2015

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

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BARR & MUDFORD

DATED: December 7, 2015

SELVIN, WRAITH, HALMAN LLP

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/s/ Gary Selvin
GARY SELVIN
Attorney for Plaintiff, Praetorian Insurance Co.

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DATED: December 7, 2015

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

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JAMES J. KAUFMAN, A Professional Corp.

DATED: December 7, 2015

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

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DATED: December 7, 2015

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

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

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Stipulation and [Proposed] Order – Continue Trial, Extend Discovery / Expert Wit. Disclosure

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Dated: December 7, 2015

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MURCHISON & CUMMING, LLP
/s/ Tina H. Vo
RICHARD C. MORENO
TINA H. VO
Attorneys for Defendant/Cross-Complainant,
U.S. TIRE & WHEEL

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ORDER
In accordance with the foregoing stipulation, and subject to the modified trial date as set forth
below,

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1. The discovery cut off date currently set for December 18, 2015, is extended until April
15, 2016;
2. The expert witness disclosure date currently set for January 22, 2016, is extended until
May 20, 2016;
3. The last day to hear dispositive motions currently set for March 25, 2016, is extended
until July 29, 2016;
4. The Final Pretrial Conference currently set for June 16, 2016, is continued until

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September 22, 2016;
5. The Bench Trial currently set for July 22, 2016, is continued until October 28, 2016 (the
October 21, 2016 date requested above is not an available date on the Court’s calendar).

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IT IS SO ORDERED.

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Dated: December 22, 2015

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

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Stipulation and [Proposed] Order – Continue Trial, Extend Discovery / Expert Wit. Disclosure