Duncan v. State Farm Mutual Automobile Insurance Company

Filing 47

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 9/22/2020 EXTENDING The Scheduling Order and Deadlines as follows: Complete VDRP by 11/4/2020. Discovery Cut-off due by 1/29/2021; Expert Disclosures due by 3/1/2021. Expert Reports due by 3/19/2021; Expert Discovery Cut-off due by 4/16/2021. (Mena-Sanchez, L)

1 STEPHEN M. HAYES (SBN 83583)
STEPHEN P. ELLINGSON (SBN 136505)
2 CHERIE M. SUTHERLAND (SBN 217992)
JAMIE A. RADACK (SBN 221000)
3 HAYES SCOTT BONINO ELLINGSON
GUSLANI SIMONSON & CLAUSE LLP
4 999 Skyway Road, Suite 310
San Carlos, CA 94070
5 Telephone: [phone]
Facsimile: 650.637.8071
6
Attorneys for Defendant
7 STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
8
RACHEL RENNO (SBN 272558)
9 FOOS GAVIN LAW FIRM, P.C.
3947 Lennane Drive, Suite 120
10 Sacramento, CA 95834
Telephone: [phone]
11 Facsimile: 916.779.3508
12 Attorneys for Plaintiff
RAVEN DUNCAN
13
14

UNITED STATES DISTRICT COURT

15

EASTERN DISTRICT OF CALIFORNIA

16 RAVEN DUNCAN, an individual,
Plaintiff,

17
18

CASE NO. 2:18-cv-01174-KJM-AC
STIPULATION AND ORDER TO
PARTIALLY REVISE THE COURT’S
NOVEMBER 15, 2019 STIPULATED
SCHEDULING ORDER AND DEADLINE TO
COMPLETE VDRP

vs.

19 STATE FARM MUTUAL
AUTOMOBILE INSURANCE
20 COMPANY, a corporation; and DOES 1
through 25, inclusive,
21
Defendants.
22
23
24

Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, plaintiff Raven Duncan and

25 State Farm Mutual Automobile Insurance Company (“State Farm,”) by and through their respective
26 counsel, hereby stipulate to partially revise the Court’s November 15, 2019 Stipulated Scheduling
27 Order and the deadline to complete VDRP as follows:
28
1179454

-1-

STIPULATION AND [PROPOSED] ORDER TO PARTIALLY REVISE THE COURT’S NOVEMBER 15,
2019 STIPULATED SCHEDULING ORDER - CASE NO. 2:18-cv-01174-KJM-AC

I.
RECITALS

1
2
3

1.

On March 16, 2020, seven Bay Area counties – Alameda, Contra Costa, Marin,

4 Santa Clara, San Francisco, San Mateo, and Santa Cruz issued a “Shelter-In-Place” mandate in an
5 attempt to slow the spread of the COVID-19 disease. Three days later, California Governor Gavin
6 Newsom issued a “Shelter-In-Place” order for an unknown period.
7

2.

Since the November 15, 2019 Stipulated Scheduling Order, the parties have chosen

8 neutral Joseph Ferraro to conduct the VDRP conference. The parties prefer to have the VDRP
9 conference in-person. The parties have not been able to conduct the VDRP conference due to the
10 “Shelter-In-Place” Orders.
11

3.

The hearing on State Farm’s motion for summary judgment went forward on May

12 15, 2020. This Court took the motion under submission. This Court has not ruled on State Farm’s
13 motion for summary judgment.
14

4.

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

15 Scheduling Order and deadline to complete VDRP as follows:
II.
STIPULATION

16
17
18

The parties hereby stipulate, and request approval of the following revisions to the Court’s

19 Stipulated Scheduling Order and deadline to complete VDRP:
20

Event

Current Deadline

Requested New Deadline

21

Complete VDRP

October 5, 2020

November 4, 2020

22

Discovery Cut-Off

December 30, 2020

January 29, 2021

23

Expert Disclosures

January 29, 2021

March 1, 2021

24

Expert Reports

February 18, 2021

March 19, 2021

25

Expert Discovery Cut-Off

March 18, 2021

April 16, 2021

26
27
28
1179454

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STIPULATION AND [PROPOSED] ORDER TO PARTIALLY REVISE THE COURT’S NOVEMBER 15,
2019 STIPULATED SCHEDULING ORDER - CASE NO. 2:18-cv-01174-KJM-AC

1
Dated: September 21, 2020

FOOS GAVIN LAW FIRM, P.C.

2
3

By

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

4
5
6
7

Dated: September 21, 2020

HAYES SCOTT BONINO ELLINGSON
GUSLANI SIMONSON & CLAUSE LLP

8
By

9

/S/ Stephen P. Ellingson
STEPHEN M. HAYES
STEPHEN P. ELLINGSON
CHERIE M. SUTHERLAND
JAMIE A. RADACK
Attorneys for Defendant
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY

10
11
12
13

ORDER

14
15
16
17
18
19
20
21
22
23
24

The Court, having reviewed the parties’ Stipulation to Partially Revise the Court’s Pretrial
Scheduling Order and deadline to complete VDRP, hereby GRANTS the parties’ request. The new
deadlines are as follows:
Event

Previous Deadline

New Deadline

Complete VDRP

October 5, 2020

November 4, 2020

Discovery Cut-Off

December 30, 2020

January 29, 2021

Expert Disclosures

January 29, 2021

March 1, 2021

Expert Reports

February 18, 2021

March 19, 2021

Expert Discovery Cut-Off

March 18, 2021

April 16, 2021

IT IS SO ORDERED.

25 Dated: September 22, 2020
26
27
28
1179454

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STIPULATION AND [PROPOSED] ORDER TO PARTIALLY REVISE THE COURT’S NOVEMBER 15,
2019 STIPULATED SCHEDULING ORDER - CASE NO. 2:18-cv-01174-KJM-AC