Fire Insurance Exchange v. Broan-Nutone LLC, et al.

Filing 14

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 08/01/17. ORDERING that the 8 Pretrial Scheduling Order is MODIFIED as follows: Designation of Expert Witnesses due by 2/5/2018 with any rebuttal disclosures due 02/26/18. (Benson, A.)

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1 Krsto Mijanovic (Bar No. 205060) 2 Stephen J. Squillario (Bar No. 257781) 3 HAIGHT BROWN & BONESTEEL LLP Three Embarcadero Center, Suite 200 4 San Francisco, California 94111 Telephone: 415.546.7500 5 Facsimile: 415.546.7505 6 Steven A. Scordalakis (Bar No. 293212) 7 HAIGHT BROWN & BONESTEEL LLP 2485 Natomas Park Drive, Suite 450 8 Sacramento, California 95833 Telephone: 916.702.3200 9 Facsimile: 916.702.3230 10 Attorneys for Defendants BROAN-NUTONE LLC and HOME DEPOT 11 U.S.A, INC. 12 UNITED STATES DISTRICT COURT 13 EASTERN DISTRICT OF CALIFORNIA 14 15 FIRE INSURANCE EXCHANGE, Case No. 2:16-CV-02613-WBS-CKD 16 PARTIES’ STIPULATED JOINT REQUEST RE: MODIFYING THE PRETRIAL SCHEDULING ORDER & ORDER THEREON 17 Plaintiff, v. 18 BROAN-NUTONE LLC, HOME DEPOT U.S.A., INC., and DOES One 19 Through Twenty, Inclusive,, The Hon. William B. Shubb Magistrate Judge Carolyn K. Delaney 20 Defendants. 21 22 TO THE HONORABLE COURT, because the parties believe, in good faith, that 23 modification to the Pre-Trial Scheduling Order (ECF No. 8) is necessary to avoid prejudice and to 24 promote the ends of justice, this Joint Stipulation and ex parte request to modify the Pre-Trial 25 Scheduling Order, pursuant to Federal Rule of Civil Procedure 16(b)(4), is made by and between 26 Plaintiff Fire Insurance Exchange (“Plaintiff”) and Defendants Broan-Nutone LLC, and Home Depot 27 U.S.A., Inc. (collectively “Defendants”) (together, Plaintiff and Defendants are sometimes referred to 28 as the “Parties”), by and through their respective counsel of record, and with reference to the BM07-0000128 12370968.1 1 1 following facts: 2 WHEREAS, Plaintiff alleges that on or about October 11, 2013, a fire occurred causing 3 substantial damage to its insureds’ home. As a result, Plaintiff allegedly paid $428,542.17 to remedy 4 the damage caused by the fire and now, in subrogation, are seeking recovery of this amount from 5 Defendants on the theory that the fire was caused by the product – i.e., a ceiling fan with a 6 replacement motor installed by Plaintiff’s insureds – manufactured and/or sold by Defendants. 7 Plaintiff initially filed its Complaint in the Superior Court of California, County of Solano. 8 WHEREAS, on or about November 2, 2016, Defendants removed this matter to this Court 9 based on diversity of citizenship. 10 WHEREAS, on or about March 8, 2017, this Court issued its Pre-Trial Scheduling Order 11 (ECF No. 8), setting forth the following deadlines and dates: 12 1. Initial disclosures to be exchanged by April 10, 2017; 13 2. Disclosure of experts and reports by August 10, 2017; 14 3. Disclosure of supplemental experts and reports by September 8, 2017; 15 4. All other discovery shall be completed by January 1, 2018; 16 5. All motions, except motions for continuances, temporary restraining orders, or other 17 emergency applications, shall be filed on or before March 1, 2018; 18 6. Pre-Trial Conference is set for May 7, 2018; and 19 7. Trial is set for July 10, 2018. 20 WHEREAS, since this matter was removed to this Court, the Parties have exchanged written 21 discovery and documents and have been engaged in good faith efforts to resolve various discovery 22 disputes in an effort to avoid consuming Court resources and protracted litigation. However, and as a 23 result, the pace of discovery has been relatively slow. 24 WHEREAS, on June 1, 2017, the Parties conducted a joint inspection of the subject fan. 25 WHEREAS, the Parties anticipate serving additional written discovery, and multiple 26 percipient witness depositions will be necessary and relevant to aid the Parties’ respective retained 27 experts in formulating their analysis as to the disputed issues in this matter. Thus far, the following 28 depositions have been noticed: (1) Plaintiff’s insureds David Tubb (who installed the replacement BM07-0000128 12370968.1 2 1 motor in the subject fan) and Linda Tubb on August 2, 2017; (2) Plaintiff’s insureds’ daughter Ashley 2 Tubb (who was living at the residence at the time of the fire) on August 7, 2017; (3) Person Most 3 Qualified of the Fairfield Fire Department (which responded to the fire) on August 16, 2017; and (4) 4 Person Most Qualified of DH Construction (which performed the repair work on the insureds’ home) 5 on August 17, 2017. Additional depositions, including, but not limited to, Plaintiff’s Person Most 6 Qualified and its adjuster who handled the claim, are anticipated. 7 THEREFORE, the Parties, believing in good faith that disclosure of experts and reports, as 8 well as supplemental experts and reports, should be exchanged after the close of discovery on January 9 1, 2018 to avoid prejudice to the Parties and to further the ends of justice, hereby stipulate, and 10 respectfully request that this Court enter an order so modifying the Scheduling Order (ECF No. 8) as 11 follows: 12 1. 13 14 The Parties shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than February 5, 2018; and 2. With regard to expert testimony intended solely for rebuttal, those experts shall be 15 disclosed and reports produced in accordance with Federal Rule of Civil Procedure 16 26(a)(2) on or before February 26, 2018. 17 18 Dated: July 28, 2017 HAIGHT BROWN & BONESTEEL LLP 19 20 By: 21 Krsto Mijanovic Stephen J. Squillario Steven A. Scordalakis Attorneys for Defendants BROAN-NUTONE LLC, and HOME DEPOT U.S.A, INC. 22 23 24 25 Dated: July 28, 2017 AUDLEY & AUDLEY 26 27 By: 28 BM07-0000128 12370968.1 3 1 Michael R. Audley Attorney for Plaintiff FIRE INSURANCE EXCHANGE 2 3 4 5 6 7 8 ORDER COMES NOW, the Parties’ Stipulated Joint Request Re: Modifying The Pre-Trial Scheduling Order came before this Court on July 26, 2017. Having found good cause to modify the Pre-Trial Scheduling Order (ECF No. 8), as set forth in the Parties’ stipulation, this Court orders and modifies the Pre-Trial Scheduling Order as follows: 1. 9 10 of Civil Procedure 26(a)(2) by no later than February 5, 2018; and 2. 11 14 With regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 12 13 The Parties shall disclose experts and produce reports in accordance with Federal Rule 26(a)(2) on or before February 26, 2018. IT IS SO ORDERED. Dated: August 1, 2017 15 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 BM07-0000128 12370968.1 4

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