Stewart v. Property and Casualty Insurance Company of Hartford

Filing 36

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 01/09/19 CONTINUING the following dates: Discovery Cut-Off: 06/07/19; Expert Witness deadline: 07/12/19 with any supplemental experts due 08/02/19; Dispositive Motion deadline: 09/19/19. The 02/12/19 Settlement Conference REMAINS on calendar. (Benson, A.)

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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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Case No: 2:17-cv-02418-TLN-KJN
STIPULATION AND ORDER TO STAY
PROCEEDINGS

vs.
Date Action Filed: October 12, 2017

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PROPERTY AND CASUALTY INSURANCE
COMPANY OF HARTFORD,

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

STIPULATION AND ORDER TO STAY PROCEEDINGS

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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 and other case deadlines as

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outlined below.

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2.

At the outset of this case, the Court set a number of discovery and pretrial

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deadlines. See, ECF No. 7. During the course of this action, the parties stipulated to extend the

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discovery deadline multiple times, including extensions provided to address Ms. Stewart’s

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significant health problems. ECF Nos. 13, 23.

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3.

Despite those stipulations the parties have engaged in significant discovery. Ms.

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Stewart participated in her deposition on July 24, 2018, which is currently scheduled to be

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completed on January 15, 2019. Two property inspections have occurred on July 24 and

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December 7, 2018. The parties have also engaged in significant written discovery, including

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requests for production of documents and written interrogatories.

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However, Ms. Stewart continues to suffer from significant health problems. She

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has had major dental surgery that impacted her mental acuity and required her to take significant

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medication. Over the last few months, Ms. Stewart has also suffered heart issues that have

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required the involvement of medical personnel and multiple rounds of subsequent cardiac tests.

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Ms. Stewart has also recently learned that she has skin cancer, and has been undergoing regular

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treatments. She suffers from a racing heart, anxiety and a lack of sleep. She does not want to

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delay this case, but needs to address these very serious health issues that impact her ability to

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participate in discovery.

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5.

On December 14, 2018, the Court entered an order granting a Stipulation filed by

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the parties to reschedule dates and deadlines in the litigation. ECF No. 23. Good cause exists to

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impose a stay of those deadlines for a short period of 3-to-4 months to let Ms. Stewart address

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her health concerns. The following chart lists the current deadlines, and the proposed new

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deadlines:

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Event

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Stay Lifts

Current Deadline

Proposed New Deadline
April 15, 2019

-1Case No. 2:17-cv-02418-TLN-KJN
STIPULATION AND ORDER TO STAY PROCEEDINGS

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Event

Current Deadline

Proposed New Deadline

Plaintiff’s Deposition

January 15, 2019

April 30, 2019 (in

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Sacramento)
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Discovery Cut-Off

February 8, 2019

June 17, 2019

Settlement Conference

February 12, 2019

Same

Expert Witness

March 8, 2019

July 12, 2019

March 29, 2019

August 2, 2019

May 16, 2019

September 13, 2019

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Deadline
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Supplemental Expert
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Deadline
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Dispositive Motion
Deadline

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6.

The parties agree that as part of this stipulation, they may still serve document

subpoenas on third parties, but will not participate in depositions or written discovery between
the parties until the stay has lifted.
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Plaintiff does not and will not claim her health problems that form the basis for

this stipulation and order have anything to do with Hartford or her insurance claims, nor does she
seek damages from Hartford for such health problems.
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Plaintiff acknowledges that she proposed the present stipulation and order and

that Hartford was otherwise ready and able to proceed.
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Plaintiff further agrees that no damages or interest, if any, shall accrue or be

claimed by Plaintiff for the period between January 1, 2019 and the date the stay is lifted,
including but not limited to any claims for additional living expenses, and claims relating to
delay in adjusting Plaintiff’s claim or remediating alleged contamination at Plaintiff’s residence.
With respect to any delay claims, Plaintiff agrees to a jury instruction (if Hartford elects to offer
such an instruction) directing the jury to except the stay period from consideration of any delay
allegations, and expressly acknowledges that any alleged delay during this period is not
attributable to Hartford. Such instruction will be drafted by Hartford’s counsel.
-2Case No. 2:17-cv-02418-TLN-KJN
STIPULATION AND ORDER TO STAY PROCEEDINGS

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conference scheduled for February 12, 2019.

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The parties also propose to maintain on calendar the date of the settlement

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Two other continuances have been requested and granted, one of which related to

Ms. Stewart’s health issues.

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12.

Good cause exists for granting this stay and extending the above deadlines to

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accommodate settlement negotiations and the scheduling of Plaintiff’s continued deposition and

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additional discovery when her health permits.

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Date:

January 8, 2019

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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:

January 8, 2019

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JOHNSTON | SMITH, ALC
ANN K. JOHNSTON
By: /s/ Ann K. Johnston
(as authorized on January 4, 2019)
Ann K. Johnston

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Attorneys for Defendant PROPERTY AND
CASUALTY INSURANCE COMPANY OF
HARTFORD

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ORDER

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The Pretrial Scheduling Order is hereby MODIFIED as follows:

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Discovery Cut-Off

June 17, 2019

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Settlement Conference

February 12, 2019 at 9:00 AM before Magistrate
Judge Kendal J. Newman (Same)

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Expert Witness Deadline

July 12, 2019

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Supplemental Expert Deadline

August 2, 2019

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Dispositive Motion Deadline

September 19, 2019

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-3Case No. 2:17-cv-02418-TLN-KJN
STIPULATION AND ORDER TO STAY PROCEEDINGS

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Dated: January 9, 2019

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Troy L. Nunley
United States District Judge

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-4Case No. 2:17-cv-02418-TLN-KJN
STIPULATION AND ORDER TO STAY PROCEEDINGS