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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NOSSAMAN LLP
JAMES H. VORHIS (SBN 245034)
[e-mail]
50 California Street, 34th Floor
San Francisco, CA 94111
Telephone:
415.398.3600
Facsimile:
415.398.2438

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Attorneys for Plaintiff COLLEEN STEWART

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COLLEEN STEWART,

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Plaintiff,

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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

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Defendant.
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Case No. 2:17-cv-02418-TLN-KJN

STIPULATION AND ORDER TO CONTINUE THE FACT DISCOVERY CUTOFF
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1.

Pursuant to Eastern District of California L.R. 143 and L.R. 144, Plaintiff and

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Defendant hereby stipulate to continue the fact discovery cutoff from December 10, 2018 to

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February 8, 2019.

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2.

Plaintiff Colleen Stewart’s initial deposition session was taken on July 24, 2018,

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but not completed. A property inspection also took place on that date but was not completed.

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The parties ultimately agreed to schedule the completion of the deposition and the property

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inspection for October 10th.

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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

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of the property inspection but was informed that Plaintiff would like to be present to access the

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premises. In order to accommodate the scheduling of the above matters the parties agreed to an

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approximate one-month continuance of the fact discovery cutoff. This Court granted the

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extension, extending the discovery deadline to December 10, 2018.

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4.

Subsequent to that extension, the parties attempted to negotiate a date for the

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property inspection, but were unable to reach a resolution. The parties engaged in a meet-and-

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confer process, and ultimately participated in a hearing with the Honorable Kendall J. Newman,

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United States Magistrate Judge. See ECF No. 17. Judge Newman ordered that Defendant shall

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be able to complete the property inspection on December 7, 2018. ECF No. 18.

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5.

However, during the conference, Judge Newman also noted that the parties might

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benefit from participating in a settlement conference. ECF No. 19. Counsel for the parties are

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currently confirming availability for their clients for a settlement conference, which they believe

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will occur in December 2018. The parties believe good cause exists to continue the existing

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discovery dates for the purpose of engaging in settlement discussions with Judge Newman, and

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respectfully request this Court to grant the request to permit them to engage in negotiations.

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6.

Accordingly, the parties further stipulate that the discovery cut-off be moved to

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February 8, 2019. The parties also agree that the deadline to designate expert witnesses be

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continued from January 7, 2019 to March 8, 2019, the deadline to supplement expert witness

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designation be continued from January 28, 2019 to March 29, 2019, and the deadline for hearing
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STIPULATION AND ORDER TO CONTINUE THE FACT DISCOVERY CUTOFF
56725949.v1

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dispositive motions be continued from April 18, 2019 to May 16, 2019. This extension will also

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have the beneficial effect of permitting Ms. Stewart to attend to her personal health issues.

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Stewart’s health issues.

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Two other continuances have been requested and granted, one related to Ms.

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No other dates will be affected by continuing the fact discovery cutoff and expert

designation cutoffs.

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Good cause exists for extending the fact discovery deadline to February 8, 2019,

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2018, to accommodate settlement negotiations and the scheduling of Plaintiff’s continued

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deposition when her health permits, for extending the expert designation to March 8, 2019,

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supplemental expert designation to March 29, 2019, and the deadline for hearing dispositive

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motions be set for May 16, 2019.

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Date:

November 12, 2018

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NOSSAMAN LLP
JAMES H. VORHIS

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By: /s/ James H. Vorhis
James H. Vorhis

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Attorneys for Plaintiff COLLEEN STEWART

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Date:

November 12, 2018

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JOHNSTON | SMITH, ALC
ANN K. JOHNSTON
By: /s/ Ann K. Johnston
(as authorized on November 12, 2018)
Ann K. Johnston

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Attorneys for Defendant PROPERTY AND
CASUALTY INSURANCE COMPANY OF
HARTFORD

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IT IS SO ORDERED.
Dated: November 14, 2018

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Troy L. Nunley
United States District Judge

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-2Case No. 2:17-cv-02418-TLN-KJN
STIPULATION AND ORDER TO CONTINUE THE FACT DISCOVERY CUTOFF
56725949.v1