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)

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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: 650.637.9100 Facsimile: 650.637.8071 5 Attorneys for Defendant 6 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY 7 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: 949.474.4222 11 Attorneys for Plaintiff 12 DAMERON HOSPITAL ASSOCIATION 13 14 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 15 16 DAMERON HOSPITAL ASSOCIATION, a California Non-Profit Association, 17 Plaintiff, 18 vs. 19 CASE NO. 2:15-CV-01823-MCE-AC STIPULATION AND ORDER TO REVISE THE COURT’S OCTOBER 18, 2016 ORDER (ECF NO. 12) 20 STATE FARM MUTUAL AUTOMOBILE 21 INSURANCE COMPANY 22 23 24 25 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: 26 27 28 790006 -1STIPULATION AND ORDER TO REVISE THE COURT’S OCTOBER 18, 2016 ORDER CASE NO. 2:15-CV-01823-MCE-AC I. RECITALS 1 2 3 1. State Farm filed its motion for summary judgment on March 9, 2017 (ECF No. 16). 4 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). 6 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). 9 4. Dameron filed its reply brief in support of its motion for partial summary judgment 10 on April 27, 2017 (ECF No. 30). 11 5. Accordingly, the motions are fully briefed. 12 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. 16 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 21 motion. 22 8. Accordingly, the parties hereby stipulate to revising the Court’s October 18, 2016 23 Order as follows: 24 25 26 27 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) 28 790006 -2STIPULATION AND ORDER TO REVISE THE COURT’S OCTOBER 18, 2016 ORDER CASE NO. 2:15-CV-01823-MCE-AC 1 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) 2 3 4 5 Dated: June 5, 2017 HATTON, PETRIE & STACKLER APC 6 7 By 8 9 /S/ John A. McMahon GREGORY M. HATTON JOHN A. McMAHON Attorneys for Plaintiff DAMERON HOSPITAL ASSOCIATION 10 11 Dated: June 5, 2017 HAYES SCOTT BONINO ELLINGSON & McLAY, LLP 12 13 14 15 By /S/ Cherie M. Sutherland STEPHEN M. HAYES CHERIE M. SUTHERLAND Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY 16 17 18 19 20 21 22 23 24 25 26 27 28 790006 -3STIPULATION AND ORDER TO REVISE THE COURT’S OCTOBER 18, 2016 ORDER CASE NO. 2:15-CV-01823-MCE-AC ORDER 1 2 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: 5 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) 6 7 8 9 10 11 12 13 14 15 IT IS SO ORDERED. Dated: June 16, 2017 16 17 18 19 20 21 22 23 24 25 26 27 28 790006 -4STIPULATION AND ORDER TO REVISE THE COURT’S OCTOBER 18, 2016 ORDER CASE NO. 2:15-CV-01823-MCE-AC

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