Public Service Mutual Insurance Co. v. Liberty Surplus Insurance Corporation

Filing 21

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 8/31/2015 VACATING the deadline for exchange of expert witness information set for 8/25/2015; ORDERING the parties to exchange expert witness information by 11/1/2015; ORDERING that no other deadlines identified in the 17 Pretrial Scheduling Order be affected. (Michel, G.)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Patrick Fredette, #207284
[e-mail]
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Timothy R. Sullivan, #128467
[e-mail]
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7647 North Fresno Street
5 Fresno, California 93720
Telephone:
[phone]
6 Facsimile:
[phone]
7 Attorneys for Defendant LIBERTY SURPLUS
8 INSURANCE CORPORATION
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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PUBLIC SERVICE MUTUAL INSURANCE
CO.,

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Plaintiff,

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Case No. 2:14-CV-00226-MCE-KJN
ORDER TO CONTINUE DATE FOR
EXPERT WITNESS INFORMATION
EXCHANGE

v.

17 LIBERTY SURPLUS INSURANCE
CORPORATION, et al.,
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Defendant.
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Plaintiff Public Service Mutual Insurance Company (“Public Service”) and Defendant Liberty

21 Surplus Insurance Corporation (“Liberty Surplus”) previously participated in mediation efforts in
22 relation to the underlying liability action (Balfour v. Fair Oaks Fountains, LLC, et al., Sacramento
23 County Superior Court Case No. 34-2010-00082562) which did not resolve the dispute between
24 Public Service and Liberty Surplus. Because of the nature of the issues, past mediation efforts, and
25 information and documents exchanged in discovery, the parties believe that the dispute is amenable to
26 summary judgment or partial summary judgment, which one or both parties are in the process of
27 preparing and conferring regarding dates. The parties believe that exchange of expert witness
28 information prior to resolution of those motions would be premature, and an unnecessary expenditure
MCCORMICK, BARSTOW ,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

ORDER TO CONTINUE DATE
FOR EXPERT WITNESS INFORMATION EXCHANGE

1 of their respective resources, and would have to be amended following summary judgment or partial
2 summary judgment rulings.
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In light of the foregoing, the parties submitted a signed stipulation (ECF No. 20) in which they

4 requested that the Court continue the current August 25, 2015 deadline for exchange of expert witness
5 information to November1, 2015, to allow time for motions for summary judgment and/or partial
6 summary judgment to be filed and heard.
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Pursuant to the parties’ signed stipulation (ECF No. 20) and a showing of good cause, the

8 August 25, 2015 deadline for exchange of expert witness information is VACATED, and the deadline
9 for exchange of expert witness information shall be November 1, 2015. This Order does not affect
10 any other deadlines identified in the January 15, 2015 Pretrial Scheduling Order (ECF No. 17).
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IT IS SO ORDERED.
Dated: August 31, 2015

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MCCORMICK, BARSTOW ,
SHEPPARD, WAYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
FRESNO, CA 93720

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ORDER TO CONTINUE DATE FOR
EXPERT WITNESS INFORMATION EXCHANGE