Rigsby et al v. Intercare Specialty Risk Insurance Services, Inc. , et al.,

Filing 104

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 3/17/18, ORDERING that all discovery with the exception of expert discovery shall be completed no later than 11/30/18. The deadline for completing depositions by oral examination shall be 11/30/18. The deadline for completing depositions by written questions shall be 11/30/18. (Kastilahn, A)

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ROBERT R. RIGGS (SBN 107684)
STEPHEN G. PREONAS (SBN 245334)
Katzoff & Riggs LLP
1500 Park Avenue, Suite 300
Emeryville, CA 94608
Tel. [phone]
email: [e-mail]
Attorneys for Plaintiffs KAREN RIGSBY,
Trustee, and DONALD P. STEINMEYER

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

1500 PARK AVENUE, SUITE 300
EMERYVILLE, CA 94608
[phone]

KATZOFF & RIGGS LLP

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KAREN RIGSBY, Trustee of the
MARSH REVOCABLE TRUST OF
2003, and DONALD P. STEINMEYER,
an individual,

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Plaintiffs,
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vs.
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INTERCARE SPECIALITY RISK
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INSURANCE SERVICES, INC., et al. )
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Defendants.
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_________________________________ )
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and RELATED COUNTERCLAIM
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_________________________________ )

Case No. 2:17-cv-01347-MCE-EFB
STIPULATION AND ORDER TO
MODIFY INITIAL PRETRIAL
SCHEDULING ORDER AND JOINT
REPORT OF THE PARTIES
OUTLINING DISCOVERY PLAN

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On June 30, 2017, the Court entered its Initial Pretrial Scheduling Order herein

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(the “IPSO”). On November 13, 2017, the Court entered an order adopting the Joint

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Report of the Parties Outlining Discovery Plan (hereafter, “Discovery Plan”), pursuant to
_______________________________________________________________________
STIPULATION AND ORDER TO MODIFY INITIAL PRETRIAL SCHEDULING ORDER
AND JOINT REPORT OF THE PARTIES OUTLINING DISCOVERY PLAN

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Rule 26(f)(2) of the Federal Rules of Civil Procedure.
The parties in this action agree and stipulate that good cause exists to modify the
IPSO and Discovery Plan as set forth herein. Good cause exists in that:
a.

The parties made their Initial Disclosures herein pursuant to

Fed.R.Civ.P. 26 on December 13, 2017.
b.

On January 5, 2018, Plaintiffs propounded requests for production of

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documents to all defendants. These requests requested production of Defendants’

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documents on February 12, 2018.

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c.

Defendant Patriot National, Inc. (“Patriot”) filed for bankruptcy

1500 PARK AVENUE, SUITE 300
EMERYVILLE, CA 94608
[phone]

KATZOFF & RIGGS LLP

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protection on January 30, 2018, thus effectively staying proceedings herein. A

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stipulation to sever Patriot and proceed with the balance of the action has been

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submitted to the Court.

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d.

Defendants ISR Holdings, Inc., also known as Intercare Specialty

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Risk Insurance Services, Inc. (“ISR”), Phoenix Risk Management, Inc.

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(“Phoenix”) and Kevin Hamm (“Hamm”) have responded to Plaintiffs’ requests

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for production of documents by stating that they are unable to complete the

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production of the requested documents until June, 2018. The parties have met and

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conferred about this delay. The above defendants continue to represent that they

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cannot complete their necessary privilege review and production of documents

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prior to June, 2018. This delay prevents the parties from proceeding with non-

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expert discovery within the time frames contemplated by the IPSO and the

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Discovery Plan.
_______________________________________________________________________
STIPULATION AND ORDER TO MODIFY INITIAL PRETRIAL SCHEDULING ORDER
AND JOINT REPORT OF THE PARTIES OUTLINING DISCOVERY PLAN

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e.

Good cause exists to extend the deadline for completing non-expert

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discovery that is set out in the IPSO and the Joint Report to November 30, 2018, in

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view of the above delays.

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Therefore, the parties stipulate and request the Court to enter an order that the

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IPSO is modified as follows:

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On p. 2, lines 17-18, the sentence shall be modified to read as follows:

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“All discovery, with the exception of expert discovery, shall be completed no later

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1500 PARK AVENUE, SUITE 300
EMERYVILLE, CA 94608
[phone]

KATZOFF & RIGGS LLP

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than November 30, 2018.”
In all other respects, the IPSO is unchanged.
Additionally, the parties stipulate and request the Court to enter an order that the
Discovery Plan is be modified as follows:
On p. 3, line 21, the deadline for completing depositions by oral examination shall
be modified to November 30, 2018.
On p. 4, line 5, the deadline for completing depositions by written questions shall
be modified to November 30, 2018.
In all other respects, the Discovery Plan is unchanged.
Dated: March 15, 2018
KATZOFF & RIGGS LLP

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/s Robert R. Riggs
By: ______________________________
Robert R. Riggs

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Attorneys for Plaintiffs and CrossDefendants KAREN RIGSBY, Trustee
of the MARSH REVOCABLE TRUST
OF
2003,
and
DONALD
P.
_______________________________________________________________________
STIPULATION AND ORDER TO MODIFY INITIAL PRETRIAL SCHEDULING ORDER
AND JOINT REPORT OF THE PARTIES OUTLINING DISCOVERY PLAN

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STEINMEYER
Dated: March 15, 2018

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LAW OFFICES OF PETER DUNN
LEMMON

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/s Peter Dunn Lemmon
By: ______________________________
Peter Dunn Lemmon

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Attorneys for Defendant and CrossComplainant ISR HOLDINGS, INC. and
Defendant PHOENIX RISK
MANAGEMENT, INC.

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Dated: March 15, 2018
LAW OFFICE
HARPAINTER

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1500 PARK AVENUE, SUITE 300
EMERYVILLE, CA 94608
[phone]

KATZOFF & RIGGS LLP

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OF

DEWEY

V.

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/s Dewey V. Harpainter
______________________________
Dewey V. Harpainter

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Attorneys for Defendant KEVIN HAMM

By:

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By the Court:
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Good cause appearing, IT IS SO ORDERED.
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Dated: March 17, 2018

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_______________________________________________________________________
STIPULATION AND ORDER TO MODIFY INITIAL PRETRIAL SCHEDULING ORDER
AND JOINT REPORT OF THE PARTIES OUTLINING DISCOVERY PLAN

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