Tres Cruzes Land & Cattle LLC v. Scottsdale Insurance Company et al

Filing 55

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 2/10/2016 ORDERING that the Rule 26(a)(1) initial disclosures made in May 2015 by Tres Cruzes Land & Cattle, LLC and Scottsdale Insurance Company shall be deemed made in the con solidated action and shall be served on Gary Herd, Nancy Herd, and John W. Busby II, Trustee of the Edward Pestana Trust no later than 3/7/2016. Tres Cruzes Land & Cattle, LLC and Scottsdale Insurance Company shall have up to and until 3/7/2016 to supplement and/or modify the previous disclosures. Gary Herd, Nancy Herd, and John W. Busby II, Trustee of the Edward Pestana Trust shall provide their initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) to all parties to the consolidated action on or before 3/7/2016. (Zignago, K.)

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RALPH A. ZAPPALA, SBN 102052
ERIN SHEFFIELD SANCHEZ, SBN 238450
BUSBY & ZAPPALA LLP
251 Lafayette Circle, Suite 350
Lafayette, California 94549
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
[e-mail]
Attorneys for Plaintiffs and Counter-Defendants
TRES CRUZES LAND & CATTLE LLC and
JOHN W. BUSBY II, TRUSTEE OF THE
EDWARD PESTANA TRUST
SONIA MARTIN (State Bar No. 191148)
MENGMENG ZHANG (State Bar No. 280411)
DENTONS US LLP
525 Market Street, 26th Floor
San Francisco, CA 94105-2708
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
[e-mail]
Attorneys for Defendant and Cross-Defendant
SCOTTSDALE INSURANCE COMPANY
STEPHEN C. SNIDER (State Bar No. 099557)
SNIDER, DIEHL & RASMUSSEN, LLC
1111 W. Tokay Street
P.O. Box 560
Lodi, California 95241
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
Attorneys for Defendants, Counter-Claimants
and Cross-Complainants
GARY HERD and NANCY HERD
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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STIPULATION RE: RULE 26 INITIAL DISCLOSURES; ORDER THEREON
CASE NO. 2:15-CV-00449-MCE-AC - 1

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TRES CRUZES LAND & CATTLE, LLC, a :
:
California limited liability company,
:
:
Plaintiff,
:
:
vs.
:
SCOTTSDALE INSURANCE COMPANY, :
:
A SUBSIDIARY OF NATIONWIDE
:
INSURANCE COMPANY, an Ohio
:
:
corporation; GARY HERD, an individual;
:
NANCY HERD, an individual; and DOES
:
1-30, inclusive,
:
:
Defendants.
:
___________________________________ :
:
JOHN W. BUSBY II, TRUSTEE OF THE
:
EDWARD PESTANA TRUST, an individual :
:
:
Plaintiff,
:
vs.
:
:
SCOTTSDALE INSURANCE COMPANY, :
A SUBSIDIARY OF NATIONWIDE
:
:
INSURANCE COMPANY, an Ohio
:
corporation; GARY HERD, an individual;
:
NANCY HERD, an individual; and DOES
:
1-30, inclusive,
:
:
:
Defendants.
:
:
:

Case No.: 2:15-cv-00449-MCE-AC
(As Consolidated)
STIPULATION RE: RULE 26 INITIAL
DISCLOSURES; ORDER THEREON

Associated Case No.
2:15-cv-00764-MCE-AC

STIPULATION

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The parties, by and through their attorneys of record, hereby stipulate:

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1. Tres Cruzes Land & Cattle, LLC and Scottsdale Insurance Company, A Subsidiary of

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Nationwide Insurance Company provided their respective initial disclosures to each

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other pursuant to Federal Rule of Civil Procedure 26(a)(1) in May 2015 prior to the

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consolidations of the actions.

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2. Gary Herd and Nancy Herd have not yet provided Federal Rule of Civil Procedure

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26(a)(1) initial disclosures in the instant consolidated action, or either of the

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previously unconsolidated actions.
STIPULATION RE: RULE 26 INITIAL DISCLOSURES; ORDER THEREON
CASE NO. 2:15-CV-00449-MCE-AC - 2

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3. John W. Busby II, Trustee of the Edward Pestana Trust has not yet provided Federal

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Rule of Civil Procedure 26(a)(1) initial disclosures in the instant consolidated action,

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or the previously unconsolidated action in which it is the Plaintiff.

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4. The parties hereby agree that the initial disclosures pursuant to Federal Rule of Civil

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Procedure 26(a)(1) made previously by Tres Cruzes Land & Cattle, LLC and

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Scottsdale Insurance Company shall be deemed made in the consolidated action and

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shall be served on Gary Herd, Nancy Herd, and John W. Busby II, Trustee of the

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Edward Pestana Trust no later than March 7, 2016. Tres Cruzes Land & Cattle, LLC

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and Scottsdale Insurance Company shall have up to and until March 7, 2016 to

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supplement and/or modify the previous disclosures.

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5. The parties further agree that Gary Herd, Nancy Herd, and John W. Busby II, Trustee

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of the Edward Pestana Trust shall provide their initial disclosures pursuant to Federal

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Rule of Civil Procedure 26(a)(1) to all parties to the consolidated action on or before

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March 7, 2016.

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Dated: February 1, 2016

BUSBY & ZAPPALA LLP

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By:__/S/________________________
RALPH A. ZAPPALA
ERIN S. SANCHEZ
Attorneys for Plaintiff and CounterDefendant
TRES CRUZES LAND & CATTLE LLC

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Dated: February 1, 2016

BUSBY & ZAPPALA LLP
By:__/S/________________________
RALPH A. ZAPPALA
ERIN S. SANCHEZ
Attorneys for Plaintiff and CounterDefendant
JOHN W. BUSBY II, TRUSTEE OF THE
EDWARD PESTANA TRUST

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STIPULATION RE: RULE 26 INITIAL DISCLOSURES; ORDER THEREON
CASE NO. 2:15-CV-00449-MCE-AC - 3

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Dated: February 1, 2016

DENTONS US LLP

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By:___/S/_______________________
SONIA R. MARTIN
Attorneys for Defendant and CrossDefendant SCOTTSDALE INSURANCE
COMPANY, A SUBSIDIARY OF
NATIONWIDE INSURANCE COMPANY

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Dated: February 1, 2016

SNIDER, DIEHL & RASMUSSEN, LLP

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By:__/S/________________________
STEPHEN C. SNIDER
Attorneys for Defendants, CounterClaimants, and Cross-Complainants
GARY HERD and NANCY HERD

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STIPULATION RE: RULE 26 INITIAL DISCLOSURES; ORDER THEREON
CASE NO. 2:15-CV-00449-MCE-AC - 4

ORDER

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The parties having stipulated thereto and good cause appearing there, IT IS HEREBY
ORDERED, that the parties may meet their obligations under FRCP 26(a)(1) as follows:
1. The initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1) made in

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May 2015 by Tres Cruzes Land & Cattle, LLC and Scottsdale Insurance Company

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shall be deemed made in the consolidated action and shall be served on Gary Herd,

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Nancy Herd, and John W. Busby II, Trustee of the Edward Pestana Trust no later than

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March 7, 2016. Tres Cruzes Land & Cattle, LLC and Scottsdale Insurance Company

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shall have up to and until March 7, 2016 to supplement and/or modify the previous

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disclosures.

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2. Gary Herd, Nancy Herd, and John W. Busby II, Trustee of the Edward Pestana Trust

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shall provide their initial disclosures pursuant to Federal Rule of Civil Procedure

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26(a)(1) to all parties to the consolidated action on or before March 7, 2016.

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IT IS SO ORDERED.
Dated: February 10, 2016

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STIPULATION RE: RULE 26 INITIAL DISCLOSURES; ORDER THEREON
CASE NO. 2:15-CV-00449-MCE-AC - 5