Doutherd v. Montesdeoca, et al

Filing 46

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 10/10/2018 APPROVING 45 Stipulation. The deadline for discovery of nonexpert witnesses is extended up to and including 12/14/2018. The deadline for expert discovery is extended up to and including 1/31/2019. (York, M)

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Mark E. Lowary, Esq. (SBN: 168994)
David R. Casady, Esq. (SBN: 273282)
Amanda F. Riley, Esq., (SBN: 284440)
BERMAN BERMAN BERMAN
SCHNEIDER & LOWARY, LLP
2390 Professional Drive
Roseville, California 95661
Telephone: [phone]
[e-mail]

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Martin Moreno (SBN: 228072)
GUIDEONE INSURANCE
P.O. Box 14503
Des Moines, IA 50306-3503
Telephone: [phone]

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Attorneys for Defendant Harmony Home Care, Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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No. 2:17-cv-02225-MCE-EFB

TYRONE DOUTHERD,
Plaintiff,

STIPULATION TO EXTEND DISCOVERY
CUT-OFF DATES AND ORDER

v.
DORIS MARIE MONTESDEOCA,
estate of LUCILLE J. SMITH,
deceased, UNITED PARCEL
SERVICE, INC., LIBERTY MUTUAL
INSURANCE COMPANY, and DOES
1-30,

Complaint Filed: August 25, 2018
Judge: Hon. Morrison C. England

Defendant.

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STIPULATION AND ORDER

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I.

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INTRODUCTION

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The parties, Plaintiff Tyrone Doutherd, (“Plaintiff”) and Defendants Harmony Home

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Care, Inc., Estate of Lucille J. Smith, UPS Ground Freight, Inc. and Liberty Mutual

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Insurance Company, (collectively “Defendants”), through their respective attorneys of

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record, hereby jointly stipulate to an extension of the currently scheduled discovery

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deadlines as set forth below.

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II.

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RECITALS/GROUNDS FOR RELIEF

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Pursuant to Rule 16, a party may seek modification of a scheduling order, including

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modification of a discovery cut-off date, “only for good cause and with a judge’s consent.”

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Fed. R. Civ. P. 16(b)(4). “Good cause” exists only when a scheduling deadline “cannot

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reasonably be met despite the diligence of the party seeking the extension.” Schafferner

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v. Crown Equipment Corporation, No. C09-00284 SBA, 2011 WL 6303408, at *2 (N.D.

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Cal. Dec. 16, 2011) (citing Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609, (9th

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Cir. 1992). A party may establish good cause by showing:

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(1) that [he or she] was diligent in assisting the court in creating
a workable Rule 16 order; (2) that [he or she] noncompliance
with a Rule 16 deadline occurred or will occur, notwithstanding
[his or her] diligent efforts to comply, because of the
development of matters which could not have been reasonable
foreseen or anticipated at the time of the Rule 16 scheduling
conference; and (3) that [he or she} was diligent in seeking
amendment of the Rule 16 order, once it became apparent that
he or she could not comply with the order.

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Hood v. Hartford Life & Accident Inc., Co., 567 F.Supp.2d 1221, 1224 (E.D. Cal. 2008)
(citation omitted).
///
///
///
WHEREAS the current deadline to complete all non-expert discovery is October
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STIPULATION AND ORDER

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25, 2018.
WHEREAS

Defendants requested that Plaintiff stipulate to extend the written

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discovery cut-off deadline because the Defendant, Harmony Home Care., Inc., believes

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that additional time is needed to conclude the parties’ discovery and reach a good faith

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settlement.

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AND

WHEREAS,

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1.

PARTIES

STIPULATE

AND

AGREE

TO

THE

FOLLOWING:

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THE

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To extend the non-expert discovery cut-off deadline up to and including

December 14, 2018.
2.

To extend the expert discovery cut-off deadline up to and including January

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31, 2019.

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SO STIPULATED.

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Dated: October 5, 2018

BERMAN, BERMAN, BERMAN,
SCHNEIDER & LOWARY, LLP

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__/s/ Amanda F. Riley______
Amanda F. Riley
Attorney for Defendant
Harmony Home Care, Inc.

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Dated: October 5, 2018

POWERS MILLER
__/s/ Eric F. Della Santa______
Eric F. Della Santa
R. James Miller
Attorney for Defendants
Estate of Lucille J. Smith

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Signatures continue on the next page
Dated: October 5, 2018

HUNTON & WILLIAMS, LP
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STIPULATION AND ORDER

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_/s/ Emily Burkhardt Vicente
Emily Burkhardt Vicente
D. Andrew Quigley
Attorney for Defendant
United Parcel Service, Inc.

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Dated: October 5, 2018

MCCURDY & MILLER, LLP

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__/s/ Kevin G. McCurdy____
Kevin G. McCurdy
Robert J. Scott, Jr.
Attorney for Defendant
Liberty Mutual Insurance Co.

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Dated: October 5, 2018

LAW OFFICES OF ELLEN DOVE

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_/s/ Ellen C. Dover_____
Ellen C. Dove
Attorney for Plaintiff
Tyrone Doutherd

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SIGNATURE CERTIFICATION

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STIPULATION AND ORDER

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Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and

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Procedures Manual, I hereby certify that the content of this document is acceptable to all

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parties’ respective legal counsels and that I have obtained their authorizations to affix their

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electronic signatures to this document.

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Dated: October 5, 2018

BERMAN, BERMAN, BERMAN,
SCHNEIDER & LOWARY, LLP

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__/s/ Amanda F. Riley______
Amanda F. Riley
Attorney for Defendant
Harmony Home Care, Inc.

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STIPULATION AND ORDER

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ORDER

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The Stipulation of the parties is accepted and the deadline for discovery of nonexpert witnesses is extended up to and including December 14, 2018. The deadline for
expert discovery is extended up to and including January 31, 2019.
IT IS SO ORDERED.
Dated: October 10, 2018

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STIPULATION AND ORDER

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CERTIFICATE OF SERVICE

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I am a citizen of the United States. My business address is 2390 Professional
Drive, Roseville, California 95661. I am employed in the county of Placer where this
service occurs. I am over the age of 18 years, and not a party to the within cause. I am
readily familiar with my employer’s normal business practice for collection and processing
of correspondence for mailing with the U.S. Postal Service, and that practice is that
correspondence id deposited with the U.S. Postal Service the same date as the day of
collection in the ordinary course of business.

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On the date set forth below, following ordinary business practice, I served a true
copy of the foregoing document(s) described as:

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[SEE ATTACHED SERVICE LIST]

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(BY MAIL) In accordance with the regular mail collection and processing practices
of this business office, with which I am familiar, by means of which mail is deposited with
the United States Postal Service at Los Angeles, California that same day in the ordinary
course of business, I deposited such sealed envelope for collection and mailing on this
same date following ordinary business practices.

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_X_ (BY ELECTRONIC FILING AND SERVICE) with the Clerk of the Court using the
CM/ECF System: in accordance with the F.R.C.P. 5(b)(2)(D) and the above Court’s Local
Rules, I electronically filed the foregoing with the Clerk of the Court for the United States
District Court by using the CM/EMF system. Participants in the case who are registered
CM/ECF users will be served by the CM/ECF system.
_X_ (Federal) I declare under the penalty of perjury under the laws of the United States
that the above is true and correct.
(BY MAIL) Certified U.S. Mail, deposited with the U.S. Postal Service at Riverside,
California that same day in the ordinary course of business I deposited such sealed
envelope for collection & mailing on this same date following ordinary business practices,
with a certified, return receipt requested.
(BY ELECTRONIC MAIL) Based on the parties’ agreement to accept service by
electronic transmission, I sent the above document(s) to the person(s) at the electronic
address(es) noted in the attached service list from my electronic service address which is
[e-mail].
(BY OVERNIGHT MAIL)
___ I caused such envelope to be delivered by hand to the office of the
addressee, either by overnight delivery via Federal Express or Overnite
Express.
STATE
X
I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
Executed on October 5, 2018, at Roseville, California.
Lori Carmichael__
Name

/s/ Lori Carmichael
Signature
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STIPULATION AND ORDER

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Service List

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__________________________________________________

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Doutherd v. Doris Marie Montesdeoca, et al
United States District Court for the Eastern District of California
Case No. 2:17-cv-02225 MCE-EFB
___________________________________________________

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Ellen C. Dove, Esq.
Attorney at Law
5325 Elkhorn Blvd., #160
Sacramento, California 95842
Tele: [phone]
Fax: [phone]
Attorney for Plaintiff, Tyrone Doutherd
R. James Miller, Esq.
Eric F. Della Santa
Powers Miller
3500 Douglas Blvd.
Suite 100
Roseville, CA 95661
916-924-7900
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant Estate of
Lucille J. Smith and Doris Marie
Montesdeoc

HUNTON & WILLIAMS, LP
Emily Burkhardt Vincente
Anh Nguyen
550 Hope Street, Ste 2000
Los Angeles, California 90071
Tel: [phone]
Fax; [phone]
[e-mail]
[e-mail]
HUNTON & WILLIAMS, LP
Emily Burkhardt Vicente
550 S Hope Street, Ste 2000
Los Angeles, CA 90071
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant United Parcel
Service, Inc.
Kevin G. McCurdy
McCurdy & Fuller, LLP
565 Middlefield Road
Suite 100
Menlo Park, CA 94025
650-618-3500
Fax: [phone]
Email:
[e-mail]
Robert J. Scott , Jr.
Mccurdy & Fuller LLP
565 Middlefield Rd.
Suite 100
Menlo Park, CA 94025
650-618-3500-3518
Fax: [phone]
Email: [e-mail]
Attorneys for Liberty Mutual Insurance
Company

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STIPULATION AND ORDER