Stewart v. Property and Casualty Insurance Company of Hartford

Filing 25

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 12/14/18 CONTINUING the Fact Discovery cutoff to 2/8/2019; Expert Designation deadline to 3/8/2019; Supplemental Expert Designation deadline to 3/29/2019; and the deadline for hearing Dispositive Motions 5/16/19. (Mena-Sanchez, L)

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1 4 NOSSAMAN LLP JAMES H. VORHIS (SBN 245034) 50 California Street, 34th Floor San Francisco, CA 94111 Telephone: 415.398.3600 Facsimile: 415.398.2438 5 Attorneys for Plaintiff COLLEEN STEWART 2 3 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 COLLEEN STEWART, 11 Plaintiff, 12 13 vs. PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD, Case No: 2:17-cv-02418-TLN-KJN STIPULATION AND ORDER TO CONTINUE THE FACT DISCOVERY CUTOFF Date Action Filed: October 12, 2017 Date Action Removed: November 16, 2017 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 2:17-cv-02418-TLN-KJN STIPULATION AND ORDER TO CONTINUE THE FACT DISCOVERY CUTOFF 56725949.v1 1 1. Pursuant to Eastern District of California L.R. 143 and L.R. 144, Plaintiff and 2 Defendant hereby stipulate to continue the fact discovery cutoff from December 10, 2018 to 3 February 8, 2019. 4 2. Plaintiff Colleen Stewart’s initial deposition session was taken on July 24, 2018, 5 but not completed. A property inspection also took place on that date but was not completed. 6 The parties ultimately agreed to schedule the completion of the deposition and the property 7 inspection for October 10th. 8 9 3. However, Ms. Stewart was hospitalized with chest pains in late September 2018. Due to her health issues her deposition has not been completed. Defendant asked for completion 10 of the property inspection but was informed that Plaintiff would like to be present to access the 11 premises. In order to accommodate the scheduling of the above matters the parties agreed to an 12 approximate one-month continuance of the fact discovery cutoff. This Court granted the 13 extension, extending the discovery deadline to December 10, 2018. 14 4. Subsequent to that extension, the parties attempted to negotiate a date for the 15 property inspection, but were unable to reach a resolution. The parties engaged in a meet-and- 16 confer process, and ultimately participated in a hearing with the Honorable Kendall J. Newman, 17 United States Magistrate Judge. See ECF No. 17. Judge Newman ordered that Defendant shall 18 be able to complete the property inspection on December 7, 2018. ECF No. 18. 19 5. However, during the conference, Judge Newman also noted that the parties might 20 benefit from participating in a settlement conference. ECF No. 19. Counsel for the parties are 21 currently confirming availability for their clients for a settlement conference, which they believe 22 will occur in December 2018. The parties believe good cause exists to continue the existing 23 discovery dates for the purpose of engaging in settlement discussions with Judge Newman, and 24 respectfully request this Court to grant the request to permit them to engage in negotiations. 25 6. Accordingly, the parties further stipulate that the discovery cut-off be moved to 26 February 8, 2019. The parties also agree that the deadline to designate expert witnesses be 27 continued from January 7, 2019 to March 8, 2019, the deadline to supplement expert witness 28 designation be continued from January 28, 2019 to March 29, 2019, and the deadline for hearing -1Case No. 2:17-cv-02418-TLN-KJN STIPULATION AND ORDER TO CONTINUE THE FACT DISCOVERY CUTOFF 56725949.v1 1 dispositive motions be continued from April 18, 2019 to May 16, 2019. This extension will also 2 have the beneficial effect of permitting Ms. Stewart to attend to her personal health issues. 3 4 7. Stewart’s health issues. 5 6 Two other continuances have been requested and granted, one related to Ms. 8. No other dates will be affected by continuing the fact discovery cutoff and expert designation cutoffs. 7 9. Good cause exists for extending the fact discovery deadline to February 8, 2019, 8 2018, to accommodate settlement negotiations and the scheduling of Plaintiff’s continued 9 deposition when her health permits, for extending the expert designation to March 8, 2019, 10 supplemental expert designation to March 29, 2019, and the deadline for hearing dispositive 11 motions be set for May 16, 2019. 12 13 Date: November 12, 2018 14 NOSSAMAN LLP JAMES H. VORHIS 15 By: /s/ James H. Vorhis James H. Vorhis 16 Attorneys for Plaintiff COLLEEN STEWART 17 Date: November 12, 2018 18 JOHNSTON | SMITH, ALC ANN K. JOHNSTON By: /s/ Ann K. Johnston (as authorized on November 12, 2018) Ann K. Johnston 19 20 Attorneys for Defendant PROPERTY AND CASUALTY INSURANCE COMPANY OF HARTFORD 21 22 23 24 25 IT IS SO ORDERED. Dated: November 14, 2018 26 27 Troy L. Nunley United States District Judge 28 -2Case No. 2:17-cv-02418-TLN-KJN STIPULATION AND ORDER TO CONTINUE THE FACT DISCOVERY CUTOFF 56725949.v1

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