CSAA Insurance Exchange v. Broan-NuTone LLC

Filing 41

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 9/25/2018 MODIFYING deadlines as follows: Designation of Expert Witnesses due by 10/25/2018; last day to hear Dispositive Motions is 2/7/2019; Final Pretrial Conference set for 4/4/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; Trial set for 6/3/2019 at 09:30 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Zignago, K.)

1 Krsto Mijanovic (Bar No. 205060)
[e-mail]
2 Steven A. Scordalakis (Bar No. 293212)
[e-mail]
3 HAIGHT BROWN & BONESTEEL LLP
555 South Flower Street, Forty-Fifth Floor
4 Los Angeles, California 90071
Telephone: [phone]
5 Facsimile: 213.542.8100
6 Attorneys for Defendant,
BROAN-NUTONE LLC
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Alan J. Jang (SBN 83409)
8 Sally Noma (SBN 264774)
Jang & Associates, LLP
9 1766 Lacassie Avenue, Suite 200
Walnut Creek, California 94596
10 Telephone: [phone]
Facsimile: [phone]
11
Attorneys for Plaintiff,
12 CSAA INSURANCE EXCHANGE
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
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CSAA INSURANCE EXCHANGE, as
17 subrogee of Pedro Casteneda, Maria
DeRodriguez, Tongo Inthilath; Andrew &
18 Dena Savage; Audry Ngo,
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Case No. 2:16-CV-02929-TLN-AC
PARTIES’ SECOND STIPULATION AND
REQUEST TO MODIFY THE PRETRIAL SCHEDULING ORDER; AND
ORDER THEREON

Plaintiff,
v.

Date: TBD
Time: TBD
Location: TBD

21 BROAN-NUTONE LLC and DOES 1 through
50, inclusive,
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Defendants.
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Honorable Judge Troy L. Nunley
Trial: June 3, 2019

TO THE HONORABLE COURT, pursuant to Federal Rule of Civil Procedure 16(b)(4),
this Court’s Pre-Trial Scheduling Order (ECF No. 6), and Honorable Troy L. Nunley’s Standard
Information, plaintiff CSAA Insurance Exchange (“Plaintiff”), and Defendant Broan-NuTone LLC
(“Defendant”) (collectively the “Parties”), by and through their respective counsel of record, hereby

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1 stipulate, agree, and request that the Court modify the Pre-Trial Scheduling Order (“Scheduling
2 Order”) (ECF No. 6), for which good cause exists, as follows:
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WHEREAS, this subrogation action arises from seven separate claims involving Plaintiff’s

4 insureds. Plaintiff alleges that each of its insured’s properties contained ceiling fans designed and
5 manufactured by Defendant. Plaintiff has asserted causes of action for Strict Product Liability,
6 Failure to Warn, Negligence, Negligent Failure to Recall/Retrofit, and violation of the Consumer
7 Legal Remedies Act of California (Civil Code section 1750, et seq.)
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WHEREAS, on February 15, 2017, this Court issued its Scheduling Order, setting forth the

9 following deadlines and dates:
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Completion Of Fact Discovery:

June 29, 2018

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Disclosure Of Expert Witnesses:

August 30, 2018

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Disclosure Of Rebuttal Expert Witnesses:

September 19, 2018

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Last Day To Hear Dispositive Motions:

January 10, 2019

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Last Day To File Joint Final Pre-Trial Conference Statement:

March 28, 2019

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Final Pre-Trial Conference:

April 4, 2019

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Last Day To File Trial Briefs:

May 20, 2019

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Trial:

June 3, 2019

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WHEREAS, thereafter, the parties have actively pursued discovery. The Parties have

19 exchanged written discovery and production of documents, subpoenaed records from
20 knowledgeable third-parties, and engaged in good faith efforts to resolve certain discovery disputes
21 in an effort to avoid consuming Court resources, and protracted litigation. In addition, the Parties
22 have taken thirteen (13) depositions, including witnesses to the subject fire(s), responding
23 emergency personnel and investigators, and Plaintiff’s and Defendant’s Person(s) Most Qualified as
24 to certain topics.
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WHEREAS, on June 21, 2018, this Court continued the discovery deadline until July 30,

26 2018. (ECF No. 27.) No other modifications to the Scheduling Order were made.
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WHEREAS, on August 21, 2018, pursuant to the parties’ first stipulation and request to

28 modify the Scheduling Order, this Court continued the deadline to disclose experts and
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1 supplemental experts, and modified the Scheduling Order as follows:
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Disclosure Of Expert Witnesses:

October 1, 2018

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Disclosure Of Rebuttal Expert Witnesses:

October 22, 2018

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Last Day To Hear Dispositive Motions:

January 10, 2019

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Last Day To File Joint Final Pre-Trial Conference Statement:

March 28, 2019

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Final Pre-Trial Conference:

April 4, 2019

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Last Day To File Trial Briefs:

May 20, 2019

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Trial:

June 3, 2019

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WHEREAS, Defendant filed its second Motion to Sever and Dismiss Plaintiff’s Claims,

10 which is set for October 4, 2018; and Plaintiff filed its Motion for Leave to File its Second11 Amended Complaint, which is set for the same day.
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WHEREAS, given the trial date is currently scheduled on June 3, 2019, the Parties believe

13 the Scheduling Order can be modified to extend the deadline to disclose experts and supplemental
14 experts, thus allowing the Parties and the Court sufficient time to hear the needed motions. In
15 addition, the deadline to hear dispositive motions should be continued respectively to permit the
16 Parties to file any necessary dispositive motion after the conclusion of expert discovery.
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THEREFORE, the Parties stipulate, and respectfully request that this Court enter an order

18 so modifying the Scheduling Order (ECF No. 6) as follows, or upon such dates thereafter that are
19 convenient to the Court:
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Disclosure Of Expert Witnesses:

October 25, 2018

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Disclosure Of Rebuttal Expert Witnesses:

November 15, 2018

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Last Day To Hear Dispositive Motions:

February 7, 2019

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Last Day To File Joint Final Pre-Trial Conference Statement:

March 28, 2019

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Final Pre-Trial Conference:

April 4, 2019

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Last Day To File Trial Briefs:

May 20, 2019

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Trial:

June 3, 2019

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1 Dated: September 19, 2018

HAIGHT BROWN & BONESTEEL LLP

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By:

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/s/ Krsto Mijanovic
Krsto Mijanovic
Steven A. Scordalakis
Attorneys for Defendant
BROAN-NUTONE LLC

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7 Dated: September 19, 2018

Jang & Associates, LLP

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By:

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/s/ Sally Noma
Alan J. Jang
Sally Noma
Attorneys for Plaintiff,
CSAA INSURANCE EXCHANGE

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ORDER

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COME NOW, the Parties’ Second Stipulation and Request to Modify the Pre-Trial

3 Scheduling Order came before this Court. Having found good cause therein, this Court modifies
4 the Pre-Trial Scheduling Order (ECF No. 6) as follows:
5

Disclosure Of Expert Witnesses:

October 25, 2018

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Disclosure Of Rebuttal Expert Witnesses:

November 15, 2018

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Last Day To Hear Dispositive Motions:

February 7, 2019

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Last Day To File Joint Final Pre-Trial Conference Statement:

March 28, 2019

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Final Pre-Trial Conference:

April 4, 2019

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Last Day To File Trial Briefs:

May 20, 2019

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Trial:

June 3, 2019

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13 IT IS SO ORDERED
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15 Dated: September 25, 2018
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Troy L. Nunley
United States District Judge

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