Mann v. Mutual of Omaha

Filing 37

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/13/18, ORDERING that the pretrial scheduling order is modified as follows: designation of expert witnesses due 8/27/2018, rebuttal expert disclosure due 10/1/2018, discovery cuto ff is 11/2/2018, last day to file motions is 11/19/2018. The Final Pretrial Conference is SET for 2/11/2019 at 01:30 PM, and the Jury Trial is SET for 4/9/2019 at 09:00 AM, BOTH in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kastilahn, A)

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1 2 3 4 5 6 JOHN DOUGLAS BARR ............... California State Bar No. 40663 CATHLEEN THERESA BARR ....... California State Bar No. 295538 BARR & MUDFORD, LLP 1824 Court Street/Post Office Box 994390 Redding, California 96099-4390 Telephone: (530) 243-8008 Facsimile: (530) 243-1648 Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 DONALD MANN, No. 2:16-CV-02560-WBS-CMK 12 Plaintiffs, (Honorable William B. Shubb) 13 vs. PARTIES’ AMENDED JOINT STIPULATION TO CONTINUE CERTAIN PRETRIAL AND TRIAL DATES; ORDER THEREON 14 15 16 MUTUAL OF OMAHA; and DOES 1 through 20, Inclusive, Defendants. Complaint Filed: September 2, 2016 17 18 Whereas Plaintiff Donald Mann (“Plaintiff”) and Defendant Mutual of Omaha Insurance 19 Company (“Mutual of Omaha”) agree that as set forth in the concurrently-filed declaration of 20 21 22 23 plaintiffs’ trial counsel, John Douglas Barr, Mr. Barr has an unforeseen medical issue precluding the maintenance of the pre-trial and trial dates in this action, as currently set; Whereas Plaintiff’s co-counsel, Cathleen Theresa Barr, has been practicing for less than 24 five years and has no experience preparing for and trying a complicated insurance bad faith 25 action alone, and therefore would need the assistance of a more senior trial attorney well versed 26 in insurance bad faith litigation both for pre-trial preparation and to act as primary trial counsel, 27 to ensure plaintiff is not prejudiced; 28 BARR & MUDFORD Attorneys at Law 1824 Court Street Post Office Box 994390 Redding, CA 96099-4390 (530) 243-8008 Page 1 Parties Amended Joint Stipulation to Continue Trial and Pretrial Dates; Order Thereon 1 Whereas Plaintiff's cognitive condition is a central question in this action for long term 2 care benefits, and both parties' experts' opinions would be most helpful if such experts could 3 observe Plaintiff and make judgments as to his condition closer to trial than is contemplated by 4 5 6 7 the current pretrial order should the trial date move; Whereas neither party will experience any prejudice as a result of the proposed adjustment of pretrial dates; and 8 Therefore, pursuant to Fed. R. Civ. Proc. 16(b)(4), good cause being shown, the parties, 9 by and through their respective counsel, hereby stipulate to move the trial to a time convenient to 10 the Court in the beginning of 2019, and adjust the pretrial dates accordingly. (The parties have 11 12 13 14 set forth specific proposed dates in the proposed order they are lodging concurrently.) IT IS SO STIPULATED. DATED: February 12, 2018 15 BARR & MUDFORD /s/ Cathleen Theresa Barr JOHN DOUGLAS BARR CATHLEEN THERESA BARR Attorney for Plaintiff, DONALD MANN 16 17 18 19 20 DATED: February 12, 2018 HINSHAW & CULBERTSON, LLP 21 22 23 24 25 /s/ Martin E. Rosen MARTIN E. ROSEN MICHAEL A.S. NEWMAN Attorney for Defendant, MUTUAL OF OMAHA INSURANCE COMPANY, erroneously sued as “MUTUAL OF OMAHA” 26 27 28 BARR & MUDFORD Attorneys at Law 1824 Court Street Post Office Box 994390 Redding, CA 96099-4390 (530) 243-8008 Page 2 Parties Amended Joint Stipulation to Continue Trial and Pretrial Dates; Order Thereon IT IS HEREBY ORDERED that Pretrial Scheduling Order of this court should be, and 1 2 3 is hereby, modified as follows: DEADLINE 4 5 6 CURRENT SCHEDULING ORDER PROPOSED SCHEDULING ORDER Expert Disclosure February 23, 2018 August 27, 2018 Rebuttal Expert Disclosure March 26, 2018 October 1, 2018 Discovery Cutoff April 20, 2018 November 2, 2018 Last day to file May 1, 2018 November 19, 2018 7 8 9 10 11 12 13 14 Motions 15 16 Pretrial Conference June 18, 2018 at 1:30 p.m. Trial August 14, 2018 at 9:00 a.m. February 11, 2019 at 1:30 p.m. 17 18 April 9, 2019 at 9:00 a.m. 19 20 21 Dated: February 13, 2018 22 23 24 25 26 27 28 BARR & MUDFORD Attorneys at Law 1824 Court Street Post Office Box 994390 Redding, CA 96099-4390 (530) 243-8008 Page 3 Parties Amended Joint Stipulation to Continue Trial and Pretrial Dates; Order Thereon

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