CSAA Insurance Exchange v. Broan-NuTone LLC

Filing 56

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 11/09/18 MODIFYING the 6 Pre-Trial Scheduling Order as follows: Disclosure Of Rebuttal Expert Witnesses: 11/29/18; Last Day To Hear Dispositive Motions: 02/21/19; Last Day To File J oint Final Pre-Trial Conference Statement: 03/28/19; Final Pretrial Conference set for 4/4/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley; Last Day To File Trial Briefs: 05/20/19; Trial set for 6/3/2019 at 09:30 AM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Benson, A.)

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
13
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’ THIRD 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

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TO THE HONORABLE COURT, pursuant to Federal Rule of Civil Procedure 16(b)(4),

27 this Court’s Pre-Trial Scheduling Order (ECF No. 6), and Honorable Troy L. Nunley’s Standard
28 Information, plaintiff CSAA Insurance Exchange (“Plaintiff”), and Defendant Broan-NuTone LLC
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1 (“Defendant”) (collectively the “Parties”), by and through their respective counsel of record, hereby
2 stipulate, agree, and request that the Court modify the Pre-Trial Scheduling Order (“Scheduling
3 Order”) (ECF No. 6), for which good cause exists, as follows:
WHEREAS, this subrogation action arises from seven separate claims involving Plaintiff’s

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5 insureds. Plaintiff alleges that each of its insured’s properties contained ceiling fans designed and
6 manufactured by Defendant. Plaintiff has asserted causes of action for Strict Product Liability,
7 Failure to Warn, Negligence, Negligent Failure to Recall/Retrofit, and violation of the Consumer
8 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.

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

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

18 July 30, 2018. (ECF No. 27.)
WHEREAS, on August 21, 2018, pursuant to the Parties’ First Stipulation and Request to

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20 Modify the Scheduling Order, this Court modified the Scheduling Order and continued the deadline
21 to disclose experts and supplemental experts. (ECF No. 33.)
WHEREAS, Defendant filed its second Motion to Sever and Dismiss Plaintiff’s Claims,

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23 which was set for October 4, 2018; and Plaintiff filed its Motion for Leave to File its Second24 Amended Complaint, which was set for the same day (the “Parties’ Motions”). (ECF Nos. 34 and
25 35.)
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WHEREAS, on September 25, 2018, pursuant to the Parties’ Second Stipulation and

27 Request to Modify the Scheduling Order, this Court modified the Scheduling Order and continued
28 the deadline to disclose experts and supplemental experts, as well as the last day to hear dispositive
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1 motions, to allow the Court sufficient time to hear the Parties’ Motions. The Court ordered as
2 follows:
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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

10 (ECF No. 41.)
WHEREAS, on September 27, 2018, this Court took the Parties’ Motions under

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12 submission, and vacated the hearings thereon. (ECF No. 45.)
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WHEREAS, on October 25, 2018, the Parties disclosed experts. The Parties now desire to

14 engage in mediation in an effort to resolve this matter prior to disclosing supplemental experts.
15 With a trial date of June 3, 2019, the Parties believe that good cause exists to modify the Scheduling
16 Order as proposed.
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THEREFORE, the Parties request the Court modify the Scheduling Order as follows:

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Disclosure Of Rebuttal Expert Witnesses:

November 29, 2018

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Last Day To Hear Dispositive Motions:

February 21, 2019

4

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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9 Dated: November 9, 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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Dated: November 9, 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
COME NOW, the Parties’ Third 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 Rebuttal Expert Witnesses:

November 29, 2018

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Last Day To Hear Dispositive Motions:

February 21, 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

Trial:

June 3, 2019

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11 IT IS SO ORDERED
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13 Dated: November 9, 2018
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15
Troy L. Nunley
United States District Judge

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