Dameron Hospital Association v. State Farm Mutual Automobile Insurance Company

Filing 34

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 6/16/17 ORDERING that Discovery shall be completed by 10/13/2017, Designation of Expert Witnesses due by 10/13/2017, and rebuttal disclosures due by 10/27/2017. (Kastilahn, A)

1 STEPHEN M. HAYES (SBN 83583)
CHERIE M. SUTHERLAND (SBN 217992)
2 HAYES SCOTT BONINO
ELLINGSON & McLAY, LLP
3 203 Redwood Shores Parkway, Suite 480
Redwood City, California 94065
4 Telephone: [phone]
Facsimile: 650.637.8071
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Attorneys for Defendant
6 STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
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8 GREGORY M. HATTON (SBN 119810)
JOHN A. McMAHON (SBN 237261)
9 HATTON, PETRIE & STACKLER APC
85 Argonaut, Suite 210
10 Aliso Viejo, California 92656
Telephone: [phone]
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Attorneys for Plaintiff
12 DAMERON HOSPITAL ASSOCIATION
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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16 DAMERON HOSPITAL ASSOCIATION, a
California Non-Profit Association,
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Plaintiff,
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vs.
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CASE NO. 2:15-CV-01823-MCE-AC
STIPULATION AND ORDER TO
REVISE THE COURT’S OCTOBER 18,
2016 ORDER (ECF NO. 12)

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STATE FARM MUTUAL AUTOMOBILE
21 INSURANCE COMPANY
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Defendants.
Plaintiff Dameron Hospital Association (“Dameron”) and defendant State Farm Mutual
Automobile Insurance Company (“State Farm”), by and through their respective counsel, hereby
stipulate to revise the Court’s October 18, 2016 Order (ECF No. 12) as follows:

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790006

-1STIPULATION AND ORDER TO REVISE THE COURT’S OCTOBER 18, 2016 ORDER
CASE NO. 2:15-CV-01823-MCE-AC

I.
RECITALS

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1.

State Farm filed its motion for summary judgment on March 9, 2017 (ECF No. 16).

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2.

Dameron filed its opposition to State Farm’s motion for summary judgment (ECF

5 No. 17) and its motion for partial summary judgment on March 30, 2017 (ECF No. 18).
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3.

State Farm filed its reply brief in support of its motion for summary judgment (ECF

7 No. 19) and opposition to Dameron’s motion for partial summary judgment on April 13, 2017 (ECF
8 Nos. 20-27).
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4.

Dameron filed its reply brief in support of its motion for partial summary judgment

10 on April 27, 2017 (ECF No. 30).
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5.

Accordingly, the motions are fully briefed.

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6.

On May 1, 2017, on the Court’s own motion and pursuant to Local Rule 230(g),

13 State Farm’s motion for summary judgment (ECF No. 16) and Dameron’s cross-motion for partial
14 summary judgment (ECF No. 18), both scheduled for hearing on May 4, 2017, were submitted
15 without oral argument and the hearing vacated.
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7.

The parties recognize the Court’s determination of a motion for summary judgment

17 or partial summary judgment would either terminate this case or significantly narrow the issues
18 relevant for trial, fact discovery and expert discovery. The parties completed their initial discovery.
19 The parties would like to obtain a ruling on their respective motions before incurring all of the costs
20 of discovery and expert discovery, which would not be necessary if either party prevails on their
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8.

Accordingly, the parties hereby stipulate to revising the Court’s October 18, 2016

23 Order as follows:
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II.
STIPULATION
The parties hereby stipulate to the following revisions to the Court’s October 18, 2016 Order:
1. Completion of fact discovery

October 13, 2017
(currently June 12, 2017)

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790006

-2STIPULATION AND ORDER TO REVISE THE COURT’S OCTOBER 18, 2016 ORDER
CASE NO. 2:15-CV-01823-MCE-AC

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2. Disclosure of identities and reports of experts

October 13, 2017
(currently June 12, 2017)

3. Supplemental expert disclosure

October 27, 2017
(currently June 26, 2017)

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Dated: June 5, 2017

HATTON, PETRIE & STACKLER APC

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By

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/S/ John A. McMahon
GREGORY M. HATTON
JOHN A. McMAHON
Attorneys for Plaintiff
DAMERON HOSPITAL ASSOCIATION

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11 Dated: June 5, 2017

HAYES SCOTT BONINO ELLINGSON & McLAY, LLP

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By

/S/ Cherie M. Sutherland
STEPHEN M. HAYES
CHERIE M. SUTHERLAND
Attorneys for Defendant
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

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790006

-3STIPULATION AND ORDER TO REVISE THE COURT’S OCTOBER 18, 2016 ORDER
CASE NO. 2:15-CV-01823-MCE-AC

ORDER

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Pursuant to the parties’ stipulation and good cause appearing, the deadlines for completion of

3 fact discovery, disclosure of identities and reports of experts, and supplemental expert disclosures
4 are continued as follows:
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1. Completion of fact discovery

October 13, 2017
(currently June 12, 2017)

2. Disclosure of identities and reports of experts

October 13, 2017
(currently June 12, 2017)

3. Supplemental expert disclosure

October 27, 2017
(currently June 26, 2017)

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IT IS SO ORDERED.
Dated: June 16, 2017

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790006

-4STIPULATION AND ORDER TO REVISE THE COURT’S OCTOBER 18, 2016 ORDER
CASE NO. 2:15-CV-01823-MCE-AC