Duncan v. State Farm Mutual Automobile Insurance Company

Filing 21

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/15/2019 GRANTING 20 Stipulation and RESETTING deadlines as follows: Dispositive Motion Hearing: 5/15/2020, Complete VDRP: 6/5/2020, Discovery Cut-Off: 7/17/2020, Expert Disclosures: 8/14/2020, Expert Reports: 9/2/2020, and Expert Discovery Cut-Off: 10/2/2020. (Huang, H)

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STEPHEN M. HAYES (SBN 83583)
STEPHEN P. ELLINGSON (SBN 136505)
JAMIE A. RADACK (SBN 221000)
HAYES SCOTT BONINO ELLINGSON
GUSLANI SIMONSON & CLAUSE LLP
999 Skyway Road, Suite 310
San Carlos, CA 94070
Telephone: [phone]
Facsimile: 650.637.8071
Attorneys for Defendant
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
RACHEL RENNO (SBN 272558)
FOOS GAVIN LAW FIRM, P.C.
3947 Lennane Drive, Suite 120
Sacramento, CA 95834
Telephone: [phone]
Facsimile: 916.779.3508
Attorneys for Plaintiff
RAVEN DUNCAN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
RAVEN DUNCAN, an individual,

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CASE NO. 2:18-cv-01174-KJM-AC

Plaintiff,

STIPULATION AND ORDER TO
PARTIALLY REVISE THE COURT’S
OCTOBER 10, 2018 PRETRIAL
SCHEDULING ORDER AND DEADLINE TO
COMPLETE VDRP

vs.
STATE FARM MUTUAL
AUTOMOBILE INSURANCE
COMPANY, a corporation; and DOES 1
through 25, inclusive,
Defendants.

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Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, plaintiff Raven Duncan and
State Farm Mutual Automobile Insurance Company (“State Farm,”) by and through their respective
counsel, hereby stipulate to partially revise the Court’s September 27, 2019 Pretrial Scheduling
Order and the deadline to complete VDRP as follows:

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1082134

-1STIPULATION AND ORDER TO REVISE THE COURT’S SCHEDULING ORDER
CASE NO. 2:18-cv-01174-KJM-AC

I.
RECITALS

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Pursuant to the Court’s October 10, 2018 Pretrial Scheduling Order, State Farm and

4 plaintiff began engaging in thorough meet and confer discussions retarding State Farm’s motion for
5 summary judgment, or in the alternative, partial summary judgment (“Motion”) on September 25,
6 2019.
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2.

During the meet and confer process related to the Motion, counsel raised issues that

8 required further investigation by the parties.
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3.

Also during the meet and confer process related to the Motion, the parties engaged in

10 discussions regarding the potential for settlement.
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4.

For the purpose of potentially narrowing the issues to be presented in State Farm’s

12 Motion, and to further explore the potential for settlement, the parties agreed to request leave of the
13 Court to continue the Pretrial Scheduling Order and deadline to complete VDRP for 90 days, which
14 was granted on September 27, 2019.
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5.

The parties were able to resolve some but not all of the issues raised during their

16 meet and confer efforts regarding the Motion.
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6.

The parties were unable to reach a settlement, and have agreed to proceed with

18 scheduling VDRP.
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7.

On September 12, 2019, the parties chosen neutral, John A. Whitesides advised the

20 parties that he has a conflict of interest with State Farm, and therefore the parties should choose a
21 different neutral. He also noted that plaintiff’s motion to remand was set for hearing on October 3,
22 2019, which ruling may disqualify the matter for VDRP.
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8.

The ADR Program Director has not assigned an alternative neutral.

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9.

The Court has not yet ruled on plaintiff’s motion to remand.

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10.

Accordingly, the parties hereby stipulate to partially revising the Court’s Pretrial

26 Scheduling Order and deadline to complete VDRP as follows:
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1082134

-2STIPULATION AND ORDER TO REVISE THE COURT’S SCHEDULING ORDER
CASE NO. 2:18-cv-01174-KJM-AC

II.
STIPULATION

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The parties hereby stipulate, and request approval of the following revisions to the Court’s
Pretrial Scheduling Order and deadline to complete VDRP:
Event

Current Deadline

Requested New Deadline

Dispositive Motion Hearing

February 7, 2020

May 8, 2020

Complete VDRP

March 6, 2020

June 5, 2020

Discovery Cut-Off

April 17, 2020

July 17, 2020

Expert Disclosures

May 15, 2020

August 14, 2020

Expert Reports

June 2, 2020

September 2, 2020

Expert Discovery Cut-Off

July 2, 2020

October 2, 2020

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Dated: November 14, 2019

FOOS GAVIN LAW FIRM, P.C.

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By

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/S/ Rachel Renno
RACHEL RENNO
Attorneys for Plaintiff
RAVEN DUNCAN

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Dated: November 14, 2019
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HAYES SCOTT BONINO ELLINGSON GUSLANI
SIMONSON & CLAUSE LLP

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By

/S/ Jamie A. Radack
STEPHEN M. HAYES
STEPHEN P. ELLINGSON
JAMIE A. RADACK
Attorneys for Defendant
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

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1082134

-3STIPULATION AND ORDER TO REVISE THE COURT’S SCHEDULING ORDER
CASE NO. 2:18-cv-01174-KJM-AC

ORDER

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The Court, having reviewed the parties’ Stipulation to Partially Revise the Court’s Pretrial

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3 Scheduling Order and deadline to complete VDRP, hereby GRANTS the parties’ request. The new
4 deadlines are as follows:
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Event

Previous Deadline

New Deadline

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Dispositive Motion Hearing

February 7, 2020

May 15, 20201

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Complete VDRP

March 6, 2020

June 5, 2020

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Discovery Cut-Off

April 17, 2020

July 17, 2020

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Expert Disclosures

May 15, 2020

August 14, 2020

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Expert Reports

June 2, 2020

September 2, 2020

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Expert Discovery Cut-Off

July 2, 2020

October 2, 2020

12 IT IS SO ORDERED. Dated:
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November 15, 2019

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UNITED STATES DISTRICT JUDGE

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May 15, 2020, reflects a date designated for hearing law and motion matters.
1082134
-4STIPULATION AND ORDER TO REVISE THE COURT’S SCHEDULING ORDER
CASE NO. 2:18-cv-01174-KJM-AC