Abramyan et al. v. Geico Insurance Company

Filing 21

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 4/12/2017 MODIFYING the 3 Initial Pretrial Scheduling Order; ORDERING that Rule 26 initial disclosures occur by 4/21/2017; ORDERING that discovery be completed by 10/10/2017 ; ORDERING that the disclosure of expert witnesses and the deadline for filing any dispositive motions be calculated in accordance with the extended discovery date; ORDERING the parties to file a Joint Notice of Trial Readiness in accordance with the 3 Initial Pretrial Scheduling Order. (Michel, G.)

1 FREEMAN, MATHIS & GARY, LLP

TIMOTHY W. KENNA, A PROFESSIONAL CORPORATION / Bar No. 64280

2 [e-mail]

GLENN M. KENNA / Bar No. 305092

3 [e-mail]

550 South Hope Street, 22nd Floor

4 Los Angeles, California 90071-2627

[phone]; FAX [phone]

5

Attorneys for Defendant

6 GEICO INSURANCE COMPANY
7 KEVIN W. HARRIS, S.B.#133084
Attorney at Law

8 1387 Garden Hwy., Ste. 200
Sacramento, CA 95833

9 Telephone: [phone]
10 RYAN P. FRIEDMAN , S.B.N. 252244
FRIEDMAN LAW FIRM, INC.

11 1383 Garden Hwy., Ste. 200
Sacramento, CA 95833

12 Telephone: [phone]
Attorneys for Plaintiff

13 ARSEN ABRAMYAN and NARINA
ZAKHARYAN

14

UNITED STATES DISTRICT COURT

15

EASTERN DISTRICT OF CALIFORNIA

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ARSEN ABRAMYAN and NARINA
17 ZAKHARYAN,
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v.

Plaintiffs,

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GEICO INSURANCE COMPANY, and
20 Does 1-40, inclusive,
Defendants.

21

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Case No. 2:16-cv-01069-MCE-AC
STIPULATION TO MODIFY
INITIAL PRETRIAL ORDER AND
JOINT RULE 26(F) REPORT
REGARDING DATES OF
DISCOVERY CUT OFF, INITIAL
DISCLOSURES, AND TRIAL
DATE; ORDER THEREON

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It is hereby stipulated by the Parties in the instant action through their

24 attorneys of record as follows:
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1.

Pursuant to Rule 26(f) of the Federal Rules of Civil Procedure, the

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parties held their discovery and planning conference by teleconference on July

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18, 2016 and submitted a joint report filed on August 1, 2016.

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Case No. 2:16-CV-01069-MCE-AC
STIPULATION AND [PROPOSED] ORDER

Gilbert, Kelly
Crowley & Jennett LLP
Attorneys at Law

4300627.1 30691-00029 GMK

2.

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At the time that the Joint Federal Rule of Civil Procedure, Rule

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26(f) Joint Conference Report was filed, a motion to dismiss filed by Defendant

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GEICO INSURANCE COMPANY was still pending before the Court.
3.

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At the time that the Joint Conference Report was filed the

parties believed that they would shortly be receiving a ruling from the Court.
4.

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At the time that the Joint Conference Report was filed the parties

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had agreed to a trial date in or around August 2, 2017 and to a discovery

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completion date in or around May 19, 2017.
5.

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At the time that the Joint Conference Report was filed, the Parties

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agreed that Initial disclosures under Rule 26(a)(1) would be made on or before 21

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days after the Court’s ruling on defendant’s 12(b)(6) motion to dismiss then set for

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August 11, 2016.
6.

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At the time that the Joint Conference Report was filed, the

parties stipulated to the need to take the following discovery:
a.

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The Parties anticipated taking at least 6 depositions and

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agreed that if the matter was converted into a class action they would waive the

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10-deposition limit set out in Rule 30(a)(2)(A)(i). The parties agreed that

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depositions shall not exceed 3 days or 21 hours. Depositions will be limited to 7

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hours a day.
b.

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Interrogatories. Shall be conducted pursuant to Rule 33(a)(1)

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except that each party shall be limited to fifty (50) interrogatories and responses

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shall be due 45 days after service
c.

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Request for admissions. Shall be conducted pursuant to Rule 36.

34.

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Production of documents. Shall be conducted pursuant to Rule

(3)

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7.

Defendants have just recently filed an answer with the Court on

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March 20 2017 and filed an amended answer March 31, 217, the case is now at

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issue as an answer is on file.
-2-

Gilbert, Kelly
Crowley & Jennett LLP
Attorneys at Law

STIPULATION AND ORDER
4300627.1 30691-00029

1

8.

Pursuant to their Rule 26(f) Joint Report the parties were waiting for

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the court to make its ruling prior to engaging in discovery, so that the issues were

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clear as to what discovery was warranted. Since the Order on the Motion to

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Dismiss was not filed until March 10, 2017 and an answer not filed until March

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20, 2017, good cause exists pursuant to Rule 16(b) of the Federal Rules of Civil

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Procedure to amend the Pretrial Order Dated May 19, 2016, and the Stipulations

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under Rule 26(f) to change the dates for initial disclosures, discovery cut off, and

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the proposed trial dates as follows:

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a.

The Rule 26 initial disclosures shall occur on or before 4/21/17;

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b.

The Discovery Cut Off will be extended from May 19, 2016

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until October 10, 2017 (approximately the length of time from the date the

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original hearing on the motion to dismiss was to be heard on August 11, 2017

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and the date the decision on the motion to dismiss was entered by the Court on

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March 10, 2017.)

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c.

The Trial Date be scheduled on or about May 14, 2018.

Dated: March 31, 2017

17

GILBERT, KELLY, CROWLEY & JENNETT
LLP

18
By:

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/S/ GLENN M. KENNA

TIMOTHY W. KENNA, A
PROFESSIONAL CORPORATION
GLENN M. KENNA
Attorneys for Defendant
GEICO INSURANCE COMPANY

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21
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23 Dated: March 31, 2017

ATTORNEYS AT LAW

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By:

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/S/ AS AUTHORIZED ON [DATE]

KEVIN W. HARRIS
Attorneys for Plaintiff
ARSEN ABRAMYAN and
NARINA ZACKARYAN

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-3-

Gilbert, Kelly
Crowley & Jennett LLP
Attorneys at Law

STIPULATION AND ORDER
4300627.1 30691-00029

1 Dated: March 31, 2017

FRIEDMAN LAW FIRM, INC.

2
By:

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/S/ AS AUTHORIZED ON [DATE]

RAYN P. FRIEDMAN
Attorneys for Plaintiff
ARSEN ABRAMYAN and
NARINA ZACKARYAN

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ORDER

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Having determined that good cause exists under Federal Rule of Civil

9 Procedure 16(b) to modify the Initial Pretrial Scheduling Order and the dates
10 proposed in the Parties Rule 26 Report, the Court directs as follows:
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a.

The Rule 26 initial disclosures shall occur on April 21, 2017;

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b.

The Discovery Cut Off will be extended from May 19, 2016 until

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October 10, 2017 (approximately the length of time from the date the

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original hearing on the motion to dismiss was to be heard on August

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11, 2017 and the date the decision on the motion to dismiss was

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entered by the Court on March 10, 2017.)

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c.

In accordance with the Court’s Initial Pretrial Scheduling Order (ECF

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No. 3), disclosure of expert witnesses and the deadline for filing any

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dispositive motions shall be calculated in accordance with the extended

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discovery date. Also in accordance with the Scheduling Order, the

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parties are directed to file a Joint Notice of Trial Readiness at which

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time a trial date will be set.

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IT IS SO ORDERED.

24 Dated: April 12, 2017
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Gilbert, Kelly
Crowley & Jennett LLP
Attorneys at Law

STIPULATION AND ORDER
4300627.1 30691-00029