Sentinel Ins. Co. Ltd. v. Home Depot U.S.A., Inc.

Filing 31

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/16/2021 MODIFYING The Scheduling Order as follows: Non-Expert Discovery is due by 8/27/2021. Plaintiff's Expert Disclosure due by 9/27/2021. Defendants' Expert Disclosures due by 9/24/2021. Rebuttal Expert Disclosure due by 10/1/2021. (Mena-Sanchez, L)

1 Matthew Delinko (Bar No. 302832)
Bauman Loewe Witt & Maxwell, PLLC
2 8765 East Bell Road, Suite 210
Scottsdale, Arizona 85260
3 Telephone: [phone]
Facsimile: [phone]
4 e-mail [e-mail]
5 Attorneys for Plaintiff Sentinel Insurance Company
6 Kristian Moriarty (Bar No. 291557)
[e-mail]
7 HAIGHT BROWN & BONESTEEL LLP
500 Capitol Mall, Suite 2150
8 Sacramento, California 95814
Telephone: [phone]
9 Facsimile: 916.570.1947
10 Attorneys for Defendant
THE HOME DEPOT U.S.A., INC.
11 (erroneously sued herein as “The Home
Depot, Inc.”) and NIAGARA
12 CONSERVATION CORPORATION
13
UNITED STATES DISTRICT COURT
14
EASTERN DISTRICT OF CALIFORNIA
15
16
SENTINEL INSURANCE COMPANY,
17 LTD., individually and as subrogee for its
insured, Vaughn Kearbey dba Vaughn
18 Kearbey, DDS,
Plaintiff,

19
20

v.

21 THE HOME DEPOT, INC., a Delaware
corporation; and DOES 1 - 20, inclusive,
22
Defendants.
23

Case No. 19-CV-01760-WBS-DMC
AMENDED JOINT STIPULATION TO
MODIFY SCHEDULING ORDER AS
TO NON-EXPERT DISCOVERY
DEADLINE, AND EXPERT
DISCOVERY DEADLINES ONLY
AND ORDER THEREON
Assigned for All Purposes to:
Hon. William B. Shubb
Action Filed:
Trial Date:

August 8, 2019
December 27, 2021

24
25
26
27

TO THE HONORABLE COURT:
IT IS HEREBY STIPULATED by and between the parties, Plaintiff, Sentinel
Insurance Company, Ltd. (“Plaintiff”), and Defendants, The Home Depot U.S.A., Inc. and

28
Case No. 19-CV-01760-WBS-DMC
AL09-0000017
13839655.1

1

AMENDED JOINT STIPULATION TO MODIFY SCHEDULING
ORDER AS TO NON-EXPERT DISCOVERY DEADLINE, AND
EXPERT DISCOVERY DEADLINES ONLY AND ORDER THEREON

1 Niagara Conservation Corporation (“Defendants”), by and through their attorneys of
2 record, as follows:
3

WHEREAS good cause exists for granting this Stipulation to Modify the

4 Scheduling Order previously entered by this Court to Continue the Non-Expert Discovery,
5 and expert discovery deadlines only:
6

1.

The Modified Scheduling Order, entered May 21, 2021, sets for the deadline

7 for completion of non-expert discovery as July 14, 2021, the due date for Plaintiff’s expert
8 disclosure as July 23, 2021, the deadline for Defendant’s expert disclosure as August 27,
9 2021, and the rebuttal expert disclosure deadline as September 24, 2021. (5/24/2021 Dkt.
10 Entry No. 28.)
11

2.

Discovery is ongoing. Depositions have not been taken but the parties are

12 working to arrange necessary percipient witness depositions, while they endeavor to
13 resolve the case through settlement negotiations. Plaintiff and Defendants have each
14 served one set of discovery requests, to which all parties have responded. The current
15 deadline for completion of non-expert discovery is July 14, 2021.
16

3.

At present, the parties and the Court continue to face the unprecedented and

17 ongoing COVID-19 pandemic with hopes that it will continue to improve with the
18 availability of vaccines and continued compliance with health and government directives.
19

4.

Despite the limited re-openings across the state, the parties are still

20 concerned with the wellbeing of all witnesses, counsel, court reporters, and staff that
21 would need to participate in any depositions, inspections, or potential mediations, and are
22 currently in the process of substantially limiting interactions with an eye towards public
23 health.
24

5.

Parties remain optimistic that after further ongoing discovery and

25 investigation, the case can be resolved through mediation and if need be, will work to
26 create contingency plans for possible telephonic depositions and/or mediation once the
27 parties have exhausted settlement efforts
28
Case No. 19-CV-01760-WBS-DMC
AL09-0000017
13839655.1

2

AMENDED JOINT STIPULATION TO MODIFY SCHEDULING
ORDER AS TO NON-EXPERT DISCOVERY DEADLINE, AND
EXPERT DISCOVERY DEADLINES ONLY AND ORDER THEREON

1

6.

The Parties met and conferred and agreed to stipulate to continue the present

2 Non-Expert Discovery Deadline, and expert discovery deadlines, in anticipation of the
3 need to continue in their discovery efforts, make any special provisions to complete
4 discovery given the ongoing pandemic, and hopefully resolve the case informally or
5 through mediation.
6

7.

The current Non-Expert Discovery deadline is July 14, 2021;

7

8.

The current Expert Disclosure/Exchange of Report deadlines are as follows:

8

a.

Plaintiff: July 23, 2021;

9

b.

Defendant: August 27, 2021;

10

c.

Rebuttal: September 24, 2021;

11

9.

The current Pre-Trial Conference is October 25, 2021, 1:30 p.m.;

12

10.

The current Jury Trial is December 28, 2021, at 9:00 a.m.

13

11.

The new cut-off date for non-expert discovery the above-referenced is sought

14 to allow all parties time to exhaust their efforts to resolve the case by settlement through
15 informal discussion or mediation, and conduct the necessary remaining fact and expert
16 discovery prior to trial;
17

12.

There have been two (2) prior requests for continuances of scheduling order

18 dates in this matter; however, the parties do not believe a continuance of the present rial
19 date is necessary at this time.
20

13. Since the last request, counsel for Defendants arranged for its expert witness to

21 travel to Sacramento in order to perform an inspection of the toilet that forms the subject of
22 the litigation, perform such inspection, and confer with counsel for defendants regarding
23 same. That was accomplished on June 24, 2021.
24

14. The parties are now endeavoring to negotiate a resolution of this action by

25 informal settlement and, if necessary, private mediation.
26
27
28 / / /
Case No. 19-CV-01760-WBS-DMC
AL09-0000017
13839655.1

3

AMENDED JOINT STIPULATION TO MODIFY SCHEDULING
ORDER AS TO NON-EXPERT DISCOVERY DEADLINE, AND
EXPERT DISCOVERY DEADLINES ONLY AND ORDER THEREON

1

IT IS THEREFORE STIPULATED AND AGREED by and between the parties

2 that the following proposed schedule govern the non-expert discovery deadline, and the
3 expert discovery deadlines imposed for this case:
4

Type of Appearance

5

Non-Expert discovery cut-off
6 Plaintiff’s Expert Disclosure
7 Defendants’ Expert
Disclosure
8 Rebuttal Expert Disclosure

Current Stipulated
Schedule
July 14, 2021
July 23, 2021
August 27, 2021

Stipulated Proposed Case
Management Schedule
August 27, 2021
August 27, 2021
September 24, 2021

September 24, 2021

October 1, 2021

9
10
11

Dated: July 16, 2021

HAIGHT BROWN & BONESTEEL LLP

12
13

By: /s/ Kristian B. Moriarty
Valerie A. Moore
Attorneys for Defendant
THE HOME DEPOT U.S.A., INC. (erroneously sued herein
as “The Home Depot, Inc.”) and NIAGARA
CONSERVATION CORPORATION

14
15
16
17
18

Dated: July 16, 2021

BAUMAN LOEWE WITT & MAXWELL, PLLC

19
20

By: /s/ Matthew E. Delinko
Matthew E. Delinko
Attorneys for Plaintiff
SENTINEL INSURANCE COMPANY, LTD.

21
22
23
24
25
26
27
28

Case No. 19-CV-01760-WBS-DMC
AL09-0000017
13839655.1

4

AMENDED JOINT STIPULATION TO MODIFY SCHEDULING
ORDER AS TO NON-EXPERT DISCOVERY DEADLINE, AND
EXPERT DISCOVERY DEADLINES ONLY AND ORDER THEREON

1

ORDER

2

The Court having considered the foregoing stipulation and good cause appearing,

3

IT IS HEREBY ORDERED that:

4

1. Non-Expert discovery cut-off is reset for August 27, 2021.

5

2. Plaintiff’s Expert Disclosure is reset for August 27, 2021.

6

3. Defendants’ Expert Disclosure is reset for September 24, 2021.

7

4. Rebuttal Expert Disclosure is reset for October 1, 2021.

8
9

IT IS SO ORDERED.

10

Dated: July 16, 2021

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 19-CV-01760-WBS-DMC
AL09-0000017
13839655.1

JOINT STIPULATION TO MODIFY SCHEDULING ORDER AS TO
NON-EXPERT DISCOVERY DEADLINE, AND EXPERT DISCOVERY
DEADLINES ONLY AND [PROPOSED] ORDER THEREON