Universal North America Insurance Company v. Ford Motor Company

Filing 12

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 2/22/17: The discovery deadline in this case, currently set for March 8, 2017, is hereby extended for 30 days to April 7, 2017. (Kaminski, H)

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FRANK P. KELLY, III (SBN: 083473)
[e-mail]
ANDREW L. CHANG (SBN: 222309)
[e-mail]
EDWARD B. GAUS (SBN: 289561)
[e-mail]
SHOOK, HARDY & BACON L.L.P.
One Montgomery, Suite 2700
San Francisco, California 94104-4505
Telephone: [phone]
Facsimile: 415.391.0281
Attorneys for Defendant
FORD MOTOR COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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UNIVERSAL NORTH AMERICA
INSURANCE COMPANY,

Case No. 2:16-cv-00487-MCE-EFB

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Plaintiff,

STIPULATION AND ORDER RE:
EXTENSION OF DISCOVERY
DEADLINES

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vs.
FORD MOTOR COMPANY,
Defendant.

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Pursuant to L.R. 143 and 144, Federal Rule of Civil Procedure 16, and this Court’s

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Initial Pretrial Scheduling Order dated June 22, 2016 (Dkt 8), the parties in the above-

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captioned litigation jointly submit this Stipulation in which they seek the approval of the

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Court for a limited extension of the discovery deadline, currently set for March 8, 2017, for

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30 days to April 7, 2017, in order to complete a limited set of depositions in this matter.

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GOOD CAUSE

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Federal Rule of Civil Procedure 16 allows a court to modify a scheduling order upon

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a showing of good cause. Fed. R. Civ. Pro. 16; see also Dkt 8 at *6. A court may modify a

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pretrial scheduling order ‘if it cannot reasonably be met despite the diligence of the party

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seeking the extension.” Johnson v. Mammoth Recreations Inc. (1992) 975 F.2d 605, 609 (9th

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STIPULATION AND ORDER RE: DISCOVERY DEADLINES
CASE NO.2:16-CV-00487-MCE-EFB

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Cir.). Rule 16(b)’s “good cause” standard primarily considers the diligence of the party

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seeking amendment. Id. In the present case, the parties have worked diligently and

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cooperatively to try to schedule all depositions within the discovery period. However, despite

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their best efforts, the parties have been unable to identify and schedule a date for one

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deposition. Additionally, the possibility exists that two depositions currently on calendar

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may need to be moved to accommodate key witnesses in this case. Without the requested

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extension, Plaintiff Universal America Insurance Company (Plaintiff) and Defendant Ford

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Motor Company (Defendant) will both be prejudiced in the present case.

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The present case is a subrogation matter, in which Plaintiff is asserting the claims of

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its insured. Over the course of several months, the parties have worked cooperatively and

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diligently to conduct all necessary discovery in this case. Currently, the parties have

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scheduled a vehicle inspection, multiple fact witness depositions and have exchanged written

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discovery. However, despite their best efforts, the parties have yet to set the depositions of

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two key witnesses in this case. Plaintiff seeks a Rule 30(b)(6) deposition of Ford. Defendant

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seeks to depose the insured in this case. The parties have met and conferred on these issues

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and agree an extension of the discovery deadline is necessary.

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On February 1, 2017, Plaintiff served a Rule 30(b)(6) deposition notice on Ford

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regarding several topics. Ford has identified a person to testify on its behalf. However,

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Ford’s witness cannot be made available for deposition until late March due to prior trial and

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deposition obligations and a pre-planned vacation. The parties are currently working to find

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an acceptable date. Plaintiff asserts that, without an extension, Plaintiff will suffer prejudice

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if forced to litigate this case without the benefit of deposing Ford’s PMK.

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Similarly, Ford served a deposition notice and subpoena on Plaintiffs’ insured in this

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case, Austin D’Souza, on January 31, 2017. The deposition was scheduled for March 3,

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2017. As the insured, Mr. D’Souza is the person whose claims Plaintiff seeks to assert in this

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action. However, it now appears that Mr. D’Souza may not be available to attend the

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deposition on that day. Plaintiff is currently in contact with Mr. D’Souza to determine his

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STIPULATION REGARDING DISCOVERY DEADLINES
CASE NO.2:16-CV-00487-MCE-EFB

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availability on March 3, 2017. In the event Mr. D’Souza is unavailable to attend his

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deposition on March 3, 2017, the parties will likely need to reschedule his deposition after

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the expiration of the March 8, 2017 discovery deadline. Mr. D’Souza’s deposition is

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necessary for Ford to properly evaluate Plaintiff’s claims and damages. Although the parties

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have worked diligently to schedule Mr. D’Souza’s deposition, good cause exists to modify

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the previous scheduling order to allow for an extension to complete his deposition.

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Finally, Defendant also seeks to depose Helen Schureman, a previous owner of the

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subject vehicle. As a previous owner of the vehicle, Ms. Schureman is likely to provide

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testimony about any accident, repair or modification of the vehicle during the time she

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owned the vehicle. Defendant served a deposition notice and subpoena on January 31, 2017.

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The Notice sets Ms. Schureman’s deposition for March 3, 2017. However, despite attempts

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at multiple addresses and phone numbers, Defendants have been unable to locate and serve

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Ms. Schureman. Defendants are currently working to locate Ms. Schureman. In the event she

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cannot be located, her deposition may need to be rescheduled beyond the March 8, 2017

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discovery deadline. Ms. Schureman’s deposition is necessary for Defendant to fully defend

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itself at trial. Because Defendant will be prejudiced if forced to litigate the case without the

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deposition testimony of Ms. Schureman, good cause exists for the Court to grant the parties’

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stipulation to extend the discovery cutoff for 30 days.

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Because both parties will suffer prejudice if an extension is not granted, good cause

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exists for granting an extension of the discovery deadline. The parties do not expect that this

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extension will affect the remaining deadlines set by the Court in this action.

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The parties respectfully request that the Court grant this stipulated request to extend

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the discovery deadline, currently set for March 8, by 30 days to for the limited purpose of

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completing necessary depositions in this case.

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STIPULATION REGARDING DISCOVERY DEADLINES
CASE NO.2:16-CV-00487-MCE-EFB

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Dated: February 15, 2017

Respectfully submitted,

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SHOOK HARDY & BACON L.L.P.

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By: /s/ Edward B. Gaus________
Andrew L. Chang
Edward B. Gaus

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Attorneys for Defendant
FORD MOTOR COMPANY

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Dated: February 15, 2017

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LAW OFFICES OF DEAN APLER
By: /s/ Dean A. Alper (as authorized on 2/15/17)
Dean A. Alper

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Attorney for Plaintiff
UNIVERSAL NORTH AMERICA INSURANCA
COMPANY

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ORDER

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In accordance with the foregoing stipulation of the parties, and good cause appearing,

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the discovery deadline in this case, currently set for March 8, 2017, is hereby extended for 30

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days to April 7, 2017.

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Dated: February 22, 2017

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STIPULATION REGARDING DISCOVERY DEADLINES
CASE NO.2:16-CV-00487-MCE-EFB