Bommarito v. The Northwestern Mutual Life Insurance Company

Filing 35

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/18/2017 ORDERING date for initial disclosure of experts extended to 3/5/2018; date for disclosure of rebuttal experts extended to 3/19/2018; date to complete discovery directed at experts extended to 4/6/2018. (Zignago, K.)

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Rebecca Grey (State Bar No. 194940)
[e-mail]
THE GREY LAW FIRM, P.C.
235 Montgomery Street, Suite 1101
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff and Counterdefendant,
DEVRA BOMMARITO

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Sean P. Nalty (State Bar No. 121253)
[e-mail]
Shivani Nanda (State Bar No. 253891)
[e-mail]
Cara F. Barrick (State Bar No. 303107)
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant and Counterclaimant
THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO

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DEVRA BOMMARITO, an individual,

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Plaintiff and Counterdefendant,

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v.

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THE NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY and MARK
MAJEWSKI,

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Defendant and Counterclaimant.

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No. 2:15-cv-01187-WBS-DB
STIPULATION AND ORDER TO
MODIFY THE PRETRIAL
SCHEDULING ORDER

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Plaintiff and Counterdefendant DEVRA BOMMARITO ("Plaintiff") and Defendant and

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Counterclaimant THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY

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("Defendant")(collectively "the Parties"), hereby submit the following stipulation to modify the dates

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for the disclosure of experts in this matter based on the following:

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This proposed modification to the scheduling order will not impact the other dates stated in the

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Order other than the dates concerning the disclosure of experts and discovery directed toward those

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experts. The disclosure of experts in this matter currently is set for December 15, 2017. The

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disclosure of rebuttal experts currently is set for January 19, 2018.

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Defendant will file a motion for summary judgment that should be heard in January 2018.
Defendant contends that plaintiff’s complaint is preempted by the Employee Retirement Income
Security Act (“ERISA”) and that plaintiff’s claim for breach of the covenant of good faith and fair
dealing lacks merit under the genuine dispute doctrine. The Parties want to disclose experts after a
decision is made on this motion because the outcome of the motion will impact expert disclosure. The

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Parties agree that the most economical way to handle the prosecution of this action is to spend the

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money on the preparation of expert reports only after it is determined by the outcome of the motion for

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summary judgment if experts will be necessary. Expert disclosures and experts will not be necessary if

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this matter is governed by ERISA.

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Accordingly, the Parties hereby stipulate that the disclosure of experts in this matter shall be

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March 5, 2018. The disclosure of rebuttal experts shall be March 19, 2017. Discovery directed to the

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experts shall be completed by April 6, 2018.

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DATED:

November 13, 2017

THE GREY LAW FIRM, P.C.

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By: /s/ Rebecca Grey
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Rebecca Grey
Attorney for Plaintiff and
Counterdefendant
DEVRA BOMMARITO

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DATED:

November 13, 2017

OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.

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By: /s/ Sean P. Nalty_______
Sean P. Nalty
Shivani Nanda

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Attorneys for Defendant and
Counterclaimant
THE NORTHWESTERN MUTUAL
LIFE INSURANCE COMPANY

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ORDER

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Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED that:

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1. Date for initial disclosure of experts: March 5, 2018.

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2. Date for disclosure of rebuttal experts: March 19, 2018.

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3. Date to complete discovery directed at experts: April 6, 2018.1

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Dated: December 18, 2017

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DLB:6
DB\orders\orders.civil\bommarito1187.stip.eot.sched.ord

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As explained by the assigned District Judge’s October 8, 2015 scheduling order, “[t]he word
‘completed’ means that all discovery shall have been conducted so that all depositions have been taken
and any disputes relevant to discovery shall have been resolved by appropriate order if necessary and,
where discovery has been ordered, the order has been obeyed.” (ECF No. 15 at 2-3.)
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