Mann v. Mutual of Omaha
Filing
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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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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
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DONALD MANN,
No. 2:16-CV-02560-WBS-CMK
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Plaintiffs,
(Honorable William B. Shubb)
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vs.
PARTIES’ AMENDED JOINT
STIPULATION TO CONTINUE CERTAIN
PRETRIAL AND TRIAL DATES; ORDER
THEREON
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MUTUAL OF OMAHA;
and DOES 1 through 20, Inclusive,
Defendants.
Complaint Filed: September 2, 2016
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Whereas Plaintiff Donald Mann (“Plaintiff”) and Defendant Mutual of Omaha Insurance
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Company (“Mutual of Omaha”) agree that as set forth in the concurrently-filed declaration of
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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
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five years and has no experience preparing for and trying a complicated insurance bad faith
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action alone, and therefore would need the assistance of a more senior trial attorney well versed
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in insurance bad faith litigation both for pre-trial preparation and to act as primary trial counsel,
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to ensure plaintiff is not prejudiced;
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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
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Whereas Plaintiff's cognitive condition is a central question in this action for long term
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care benefits, and both parties' experts' opinions would be most helpful if such experts could
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observe Plaintiff and make judgments as to his condition closer to trial than is contemplated by
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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
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Therefore, pursuant to Fed. R. Civ. Proc. 16(b)(4), good cause being shown, the parties,
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by and through their respective counsel, hereby stipulate to move the trial to a time convenient to
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the Court in the beginning of 2019, and adjust the pretrial dates accordingly. (The parties have
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set forth specific proposed dates in the proposed order they are lodging concurrently.)
IT IS SO STIPULATED.
DATED: February 12, 2018
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BARR & MUDFORD
/s/ Cathleen Theresa Barr
JOHN DOUGLAS BARR
CATHLEEN THERESA BARR
Attorney for Plaintiff,
DONALD MANN
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DATED: February 12, 2018
HINSHAW & CULBERTSON, LLP
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/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”
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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
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is hereby, modified as follows:
DEADLINE
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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
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Motions
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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.
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April 9, 2019 at 9:00 a.m.
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Dated: February 13, 2018
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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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