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

Filing 47

STIPULATION and ORDER 46 for Depositions of Retained Expert Witness signed by District Judge Troy L. Nunley on 9/16/2015. If parties seek to take depositions of disclosed Retained Expert or Rebuttal Expert Witnesses in this action, such depositions shall be completed within 30 days after Court issues its ruling(s) on parties' dispositive Motions. All other Pretrial and Trial dates identified in Court's 27 Pretrial Scheduling Order remain unchanged. (Marciel, M)

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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 REGARDING
DEPOSITIONS OF RETAINED EXPERT
WITNESSES; 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 RE: RETAINED EXPERT
WITNESS DEPOSITIONS; 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
USF INSURANCE COMPANY (“Atain”), 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 concerning the depositions of the parties’ disclosed retained

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expert and rebuttal expert witnesses, and agree as follows:

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WHEREAS, pursuant to the Court’s Orders on the parties’ stipulations (Docket Nos.

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40, 43), California Capital filed its expert witness disclosures on August 14, 2015 (Docket 41),

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Atain filed its rebuttal expert witness disclosure on September 3, 2015 (Docket 44), and Atain

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filed its rebuttal expert witness report on September 14, 2015 (Docket 45).

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WHEREAS, the Court’s Pretrial Scheduling Order (Docket 27) did not set a specific

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date for the close of expert witness discovery, but instructed counsel to complete all discovery

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of expert witnesses in a timely manner in order to comply with the Court’s deadline for filing

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dispositive motions.

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WHEREAS, the Court’s Pretrial Scheduling Order (Docket 27) provides that all
dispositive motions shall be heard no later than November 19, 2015.
WHEREAS, due to witness unavailability in the coming months, California Capital and

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Atain seek to coordinate the depositions of their respective expert witnesses for dates after the

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date the parties must file their dispositive motions.

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WHEREAS, California Capital and Atain have agreed that the retained expert witness

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depositions should be taken at a later date, within 30 days of the Court’s ruling on the parties’
STIPULATION RE: RETAINED EXPERT
WITNESS DEPOSITIONS; ORDER
THEREON

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

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dispositive motions.
WHEREAS, the parties agree that the taking of the retained expert witness depositions at

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a later date will not impact the existing deadlines for the filing and hearing of the parties’

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dispositive motions on purely legal issues.

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STIPULATION

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Atain, California Capital, and the Lees hereby agree to the following:

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1.

If the parties seek to take the depositions of the disclosed retained expert or

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rebuttal expert witnesses in this action, such depositions shall be completed within 30 days after

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the Court issues its ruling(s) on the parties’ dispositive motions.

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2.

All other pretrial and trial dates identified in the Court’s Pretrial Scheduling Order

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

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Dated: September 14, 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: September 14, 2015

/s/ Lance D. Orloff (as authorized on 9/14/15)
James M. Baratta
Lance D. Orloff
Attorneys for Defendant/Counterclaimant
CALIFORNIA CAPITAL INSURANCE
COMPANY

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GRANT, GENOVESE & BARATTA, LLP

Dated: September 15, 2015

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SPINELLI, DONALD & NOTT
/s/ Sean M. Patrick (as authorized on 9/15/15)
Ross R. Nott
Sean M. Patrick
Attorneys for Third Party Defendants JERRY LEE
and BETTY LEE

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STIPULATION RE: RETAINED EXPERT
WITNESS DEPOSITIONS; ORDER
THEREON

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

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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.

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Dated: September 16, 2015

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Troy L. Nunley
United States District Judge

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STIPULATION RE: RETAINED EXPERT
WITNESS DEPOSITIONS; ORDER
THEREON

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