HealthSmart Benefit Solutions, Inc. v. InterWest Insurance Services, Inc.

Filing 51

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 10/5/17: The discovery cut-off, set for October 22, 2017, is hereby extended to January 20, 2018, and all related case management dates are extended accordingly. (Kaminski, H)

Download PDF
1 2 3 4 5 6 7 Steven M. Shewry (SBN 106333) steve@shewrysaldanalaw.com SHEWRY & SALDAÑA, LLP 402 West Broadway, Suite 950 San Diego, CA 92101 Telephone: (619) 233-8824 Facsimile: (619) 233-1002 Attorneys for Defendant, INTERWEST INSURANCE SERVICES, INC. 8 UNITED STATES DISTRICT COURT 9 10 11 12 13 14 15 16 EASTERN DISTRICT OF CALIFORNIA HEALTHSMART BENEFIT SOLUTIONS, Case No. 2:16-CV-00144-MCE-AC INC., an Illinois corporation, STIPULATION AND ORDER Plaintiff, TO EXTEND ALL CASE MANAGEMENT DATES v. INTERWEST INSURANCE SERVICES, INC., a Florida corporation, and DOES 1 through 10, 17 Defendants. 18 19 20 21 22 23 24 25 26 INTERWEST INSURANCE SERVICES, INC., a Florida corporation, Third-Party Complainant, v. WELLS FARGO INSURANCE SERVICES USA, INC., a North Carolina corporation; BROWN & RIDING INSURANCE SERVICES, INC., a Florida corporation, Third-Party Defendants. 27 28 1 STIPULATION AND ORDER TO EXTEND ALL CASE MANAGEMENT DATES 1 WHEREAS, on January 10, 2017, INTERWEST INSURANCE SERVICES, 2 INC. filed a Third Party Complaint (Dkt. No. 22) adding WELLS FARGO 3 INSURANCE SERVICES USA, INC. (“WELLS FARGO”) and BROWN & RIDING 4 INSURANCE SERVICES, INC. (“BROWN & RIDING”) as Third-Party Defendants. 5 WHEREAS, on March 14, 2017, WELLS FARGO filed a Motion to Dismiss 6 (Dkt. No. 28), which Motion has been fully briefed and taken under submission by this 7 honorable Court. WHEREAS, on April 27, 2017, BROWN & RIDING filed its Answer to the 8 9 Third Party Complaint (Dkt. No. 35). 10 WHEREAS, in order to allow all parties sufficient time to conduct discovery in 11 preparation for trial, the parties believe that a 90 day continuance of the case 12 management conference dates, ordered by this Court on May 17, 2017 (Dkt. No. 39), is 13 both appropriate and necessary. 14 WHEREAS, this is the parties’ third request for a continuance of the case 15 management dates in this matter. This request is made in good faith, to avoid 16 prejudicing all parties’ reasonable and good faith attempts to complete discovery, 17 including percipient witness depositions in California, Louisiana, Minnesota, and 18 Texas. All parties, through their attorneys of record, hereby jointly apply to the Court 19 20 for a 90 day continuance based upon the following stipulation: 1. 21 22 The parties consent to and agree that all case management dates ordered by the Court on May 17, 2017 (Dkt. No. 39) may be extended by 90 days. 2. 23 The discovery cut-off, set for October 22, 2017, may be continued 24 to January 20, 2018, and all related dates extended accordingly. 25 /././ 26 /././ 27 /././ 28 2 STIPULATION AND ORDER TO EXTEND ALL CASE MANAGEMENT DATES 1 2 /././ 3. If the Court does not grant this continuance, the depositions of 3 percipient witnesses may be taken on dates convenient for all parties and witnesses, 4 even if the date is past the discovery cut-off date ordered by the Court. 5 IT IS SO STIPULATED. 6 7 8 GORDON REES SCULLY MANSUKHANI, LLP Dated: October 2, 2017 9 s/ Ryan Fellman By: (as authorized on 10/2/2017) B. RYAN FELLMAN, ESQ. 10 11 12 Attorneys for Plaintiff, HEALTHSMARTBENEFIT SOLUTIONS, INC. 13 14 15 16 Dated: October 2, 2017 17 SHEWRY & SALDAÑA, LLP By: 18 19 20 s/ Steven M. Shewry STEVEN M. SHEWRY CHRISTOPHER C. SALDAÑA CAROLYN A. STIFFLER Attorneys for Defendant, INTERWEST INSURANCE SERVICES, INC. 21 22 23 Dated: October 2, 2017 LOCKE LORD LLP 24 25 26 27 28 s/ Cary Economou By: (as authorized on 10/2/2017) CARY ECONOMOU JASON R. MARLIN 3 STIPULATION AND ORDER TO EXTEND ALL CASE MANAGEMENT DATES Attorneys for Third Party Defendant, WELLS FARGO INSURANCE SERVICES USA, INC. 1 2 Dated: October 2, 2017 GRAY DUFFY, LLP 3 4 s/ Michael Scott Eisenbaum By: (as authorized on 10/2/17) MICHAEL SCOTT EISENBAUM 5 6 Attorneys for Third Party Defendant, BROWN & RIDING INSURANCE SERVICES, INC. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ORDER Pursuant to the stipulation of the parties and good cause appearing, the Court orders as follows: 1. The discovery cut-off, set for October 22, 2017, is hereby extended to January 20, 2018, and all related case management dates are extended accordingly. IT IS SO ORDERED. Dated: October 5, 2017 22 23 24 25 26 27 28 4 STIPULATION AND ORDER TO EXTEND ALL CASE MANAGEMENT DATES 1 CERTIFICATE OF SERVICE 2 The undersigned counsel hereby certifies that a true and correct copy of the 3 foregoing pleading has been served via the Court’s CM/ECF system on this the 2nd day 4 of October, 2017, upon all counsel of record in this case. 5 6 7 By: s/ Steven M. Shewry STEVEN M. SHEWRY 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 STIPULATION AND ORDER TO EXTEND ALL CASE MANAGEMENT DATES

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?