Duncan v. State Farm Mutual Automobile Insurance Company
Filing
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ORDER signed by Chief District Judge Kimberly J. Mueller on 7/24/2020 ORDERING 44 that VDRP shall be completed by 10/5/2020. Discovery due by 12/30/2020. Expert Disclosures due by 1/29/2021. Expert Reports due by 2/18/2021, and Expert Discovery Cut-Off by 3/18/2021. (Reader, L)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
10 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 NOVEMBER 15, 2019
STIPULATED SCHEDULING ORDER AND
DEADLINE TO COMPLETE VDRP
vs.
13 STATE FARM MUTUAL
AUTOMOBILE INSURANCE
14 COMPANY, a corporation; and DOES 1
through 25, inclusive,
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Defendants.
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Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, plaintiff Raven
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19 Duncan and State Farm Mutual Automobile Insurance Company (“State Farm,”) by and through
20 their respective counsel, hereby stipulate to partially revise the court’s November 15, 2019
21 Stipulated Scheduling Order and the deadline to complete VDRP as follows:
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1.
On March 16, 2020, seven Bay Area counties – Alameda, Contra Costa, Marin,
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Santa Clara, San Francisco, San Mateo, and Santa Cruz issued a “Shelter-In-Place” mandate in an
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attempt to slow the spread of the COVID-19 disease. Three days later, California Governor Gavin
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Newsom issued a “Shelter-In-Place” order for an unknown period.
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2.
Since the November 15, 2019 Stipulated Scheduling Order, the parties have chosen
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neutral Joseph Ferraro to conduct the VDRP conference. The parties prefer to have the VDRP
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1155901
-1-
STIPULATION AND ORDER TO PARTIALLY REVISE THE COURT’S NOVEMBER 15, 2019
STIPULATED SCHEDULING ORDER - CASE NO. 2:18-cv-01174-KJM-AC
1 conference in-person. The parties have not been able to conduct the VDRP conference due to the
2 “Shelter-In-Place” Orders.
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3.
The hearing on State Farm’s motion for summary judgment went forward on May
4 15, 2020. This Court took the motion under submission. This Court has not ruled on State Farm’s
5 motion for summary judgment.
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4.
Accordingly, the parties hereby stipulate to partially revising the Court’s Stipulated
7 Scheduling Order and deadline to complete VDRP as follows:
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The parties hereby stipulate, and request approval of the following revisions to the
Court’s Stipulated Scheduling Order and deadline to complete VDRP:
Event
Current Deadline
Requested New Deadline
Complete VDRP
August 5, 2020
October 5, 2020
Discovery Cut-Off
October 30, 2020
December 30, 2020
Expert Disclosures
November 30, 2020
January 29, 2021
Expert Reports
December 18, 2020
February 18, 2021
Expert Discovery Cut-Off
January 18, 2021
March 18, 2021
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20 Dated: July 14, 2020
FOOS GAVIN LAW FIRM, P.C.
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By
/s/ Rachel Renno
RACHEL RENNO
Attorneys for Plaintiff
RAVEN DUNCAN
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25 Dated: July 14, 2020
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HAYES SCOTT BONINO ELLINGSON
GUSLANI SIMONSON & CLAUSE LLP
By
/s/ Jamie A. Radack
STEPHEN M. HAYES
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1155901
-2-
STIPULATION AND ORDER TO PARTIALLY REVISE THE COURT’S NOVEMBER 15, 2019
STIPULATED SCHEDULING ORDER - CASE NO. 2:18-cv-01174-KJM-AC
STEPHEN P. ELLINGSON
CHERIE M. SUTHERLAND
JAMIE A. RADACK
Attorneys for Defendant
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
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ORDER
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The court, having reviewed the parties’ stipulation to revise the court’s pretrial
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7 scheduling order, ECF No. 44, and deadline to complete VDRP, hereby GRANTS the parties’
8 request. The new deadlines are as follows:
Event
Previous Deadline
New Deadline
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Complete VDRP
August 5, 2020
October 5, 2020
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Discovery Cut-Off
October 30, 2020
December 30, 2020
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Expert Disclosures
November 30, 2020
January 29, 2021
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Expert Reports
December 18, 2020
February 18, 2021
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Expert Discovery Cut-Off
January 18, 2021
March 18, 2021
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This order resolves ECF No. 44.
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IT IS SO ORDERED.
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Dated: July 24, 2020
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1155901
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STIPULATION AND ORDER TO PARTIALLY REVISE THE COURT’S NOVEMBER 15, 2019
STIPULATED SCHEDULING ORDER - CASE NO. 2:18-cv-01174-KJM-AC
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