ATAIN Specialty Insurance Company v. Sierra Pacific Management Company et al

Filing 43

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 08/26/15 ORDERING the last day to file and serve rebuttal expert reports is EXTENDED TO 09/17/15. (Benson, A)

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GailAnn Y. Stargardter (Bar No. 250749)
Andrew J. King (Bar No. 253962)
ARCHER NORRIS
A Professional Law Corporation
2033 North Main Street, Suite 800
Walnut Creek, CA 94596-3759
Telephone:
925.930.6600
Facsimile:
925.930.6620
[e-mail]
[e-mail]
Attorneys for Plaintiff and Counterdefendant
ATAIN SPECIALTY INSURANCE
COMPANY f/k/a USF INSURANCE
COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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ATAIN SPECIALTY INSURANCE
COMPANY f/k/a USF INSURANCE
COMPANY, a Michigan corporation,

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Plaintiff,

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v.

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Case No. 2:14-cv-00609-TLN-DAD
STIPULATION TO EXTEND DEADLINES
TO FILE AND SERVE REBUTTAL
EXPERT REPORTS; ORDER THEREON

SIERRA PACIFIC MANAGEMENT
COMPANY, a California corporation;
CALIFORNIA CAPITAL INSURANCE
COMPANY, a California corporation

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Judge:
Hon. Troy L. Nunley
Magistrate Judge: Hon Dale A. Drozd

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Defendants.
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CALIFORNIA CAPITAL INSURANCE
COMPANY, a California corporation

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Counterclaimant,
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v.
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ATAIN SPECIALTY INSURANCE
COMPANY f/k/a USF INSURANCE
COMPANY, a Michigan corporation

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Counterdefendant.
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STIPULATION TO EXTEND REBUTTAL
EXPERT DEADLINES; ORDER THEREON

CASE NO. 2:14-CV-00609-TLN-DAD

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CALIFORNIA CAPITAL INSURANCE
COMPANY, a California corporation

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Third Party Plaintiff,

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v.

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JERRY LEE and BETTY LEE,

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Third Party Defendants.

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Plaintiff and Counter-Defendant ATAIN SPECIALTY INSURANCE COMPANY f/k/a

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USF INSURANCE COMPANY (“Atain”) and Defendant/Counterclaimant CALIFORNIA

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CAPITAL INSURANCE COMPANY (“California Capital”), and Third Party Defendants

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JERRY LEE and BETTY LEE (the “Lees”), through their respective counsel of record, hereby

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enter into the following stipulation regarding the deadlines for rebuttal expert reports, and agree

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as follows:

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WHEREAS, the Court’s Pretrial Scheduling Order originally set July 30, 2015 as the
last date to designate expert witnesses;
WHEREAS, the Court’s Pretrial Scheduling Order also stated that: “Within twenty (20)

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days after the designation of expert witnesses, any party may designate a supplemental list of

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expert witnesses who will express an opinion on a subject covered by an expert designated by

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an adverse party.” (Docket 27.)

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WHEREAS, on August 4, 2015, the Court entered an Order based on the parties’

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stipulation, which modified the expert disclosure deadlines such that the last day to designate

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expert witnesses was August 14, 2015 and the last date to designate rebuttal experts was extended

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to September 3, 2015 (Docket 40).

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WHEREAS, on August 4, 2015, California Capital disclosed James P. Schratz as a

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retained expert that California Capital intends to call to testify at trial in this matter, and provided

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with its disclosure a copy of Mr. Schratz’s expert report.

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WHEREAS, Atain did not designate an expert on the date set for expert witness

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disclosures, but intends to designate a rebuttal expert in response to California Capital’s
STIPULATION TO EXTEND REBUTTAL
EXPERT DEADLINES; ORDER THEREON

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CASE NO. 2:14-CV-00609-TLN-DAD

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designation of Mr. Schratz.
WHEREAS, due to the volume of materials identified in Mr. Schratz’s report, Atain’s

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rebuttal expert will need additional time beyond the September 3, 2015 rebuttal expert

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designation deadline to complete a rebuttal expert report.

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WHEREAS, the additional time required for Atain to file and serve its rebuttal expert

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report (two weeks) will not impact any of the remaining pretrial dates identified in the Court’s

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Pretrial Scheduling Order in this action.

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STIPULATION

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Atain, California Capital, and the Lees hereby agree to and stipulate to each of the

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following:

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1.
3, 2015.

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2.

The last day to file and serve rebuttal expert reports is extended to September 17,

2015.

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The last day for the parties to identify rebuttal experts by name remains September

IT IS SO STIPULATED, by and between Atain, California Capital, and the Lees, by
and through their respective counsel.

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Dated: August 24, 2015

ARCHER NORRIS
/s/ Andrew J. King_________
GailAnn Y. Stargardter
Andrew J. King
Attorneys for Plaintiff and Counterdefendant
ATAIN SPECIALTY INSURANCE COMPANY
f/k/a USF INSURANCE COMPANY

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Dated: August 24, 2015

GRANT, GENOVESE & BARATTA, LLP
/s/ Lance D. Orloff (as authorized on 8/21/15)
James M. Baratta
Lance D. Orloff
Attorneys for Defendant/Counterclaimant
CALIFORNIA CAPITAL INSURANCE
COMPANY

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///

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///
STIPULATION TO EXTEND REBUTTAL
EXPERT DEADLINES; ORDER THEREON

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CASE NO. 2:14-CV-00609-TLN-DAD

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Dated: August 24, 2015

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SPINELLI, DONALD & NOTT
/s/ Sean M. Patrick (as authorized on 8/24/15)
Ross R. Nott
Sean M. Patrick
Attorneys for Third Party Defendants JERRY LEE
and BETTY LEE

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ORDER
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Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: August 26, 2015

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Troy L. Nunley
United States District Judge

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STIPULATION TO EXTEND REBUTTAL
EXPERT DEADLINES; ORDER THEREON

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CASE NO. 2:14-CV-00609-TLN-DAD