Continental Casualty Company v. Guzman et al

Filing 32

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/8/2020 CONTINUING the fact discovery cut-off to 11/9/2020. (Coll, A)

Case 2:19-cv-01975-KJM-CKD Document 32 Filed 09/08/20 Page 1 of 5

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CNA COVERAGE LITIGATION GROUP
ROBERT C. CHRISTENSEN (SBN 151296)
Email: [e-mail]
555 12th Street, Suite 600
Oakland, CA 94607
Telephone:
510.645.2306
Facsimile:
510.645.2323
Attorneys for Plaintiff
CONTINENTAL CASUALTY COMPANY

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CONTINTENTAL CASUALTY
COMPANY,

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Plaintiff,

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vs.

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LETHESIA GUZMAN; FAAFETAI AND
RACHEL TALIAOA; L. M., a minor by and
through her Guardian Ad Litem THOMAS
NICHOLS; D. M., and N. M., by and through
their Guardian Ad Litem, Patricia Montejano,
and DOES 1-10, inclusive,

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CASE NO.: 2:19-cv-01975-KJM-CKD
STIPULATION OF ALL PARTIES
REQUESTING CONTINUANCE OF THE
FACT DISCOVERY CUT-OFF SET
FORTH IN THE COURT’S AMENDED
SCHEDULING ORDER [DOC 28]; AND
ORDER

Complaint Filed: 9/27/19

Defendants.

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The parties jointly request that the Court modify the Scheduling Order (Docket 28), solely

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as to the fact discovery cut-off, for good cause. FRCP 16(b)(4). The necessity for this request

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arises from the need to meet and confer and schedule the remaining discovery made upon a non-

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party, out-of-state entity, Sprint Corporation, following the recent entry of the Protective Order in

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this action.

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The undersigned, constituting all the parties appearing in this action, through undersigned

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counsel of record hereby stipulate to continue the current date set for the completion of fact

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discovery for sixty (60) days. All other dates set forth in the current Scheduling Order (Docket

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Stipulation for Continuance of Current Dates and [Proposed] Order
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28) shall remain unchanged. A trial date has not been set. The full list of scheduled dates and

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proposed new dates are set forth below:

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A.

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Event Dates per Current Scheduling Order (Docket 28):

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Close of Fact Discovery: September 10, 2020

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Expert Designation: September 17, 2020

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Exchange Rebuttal Designation: October 7, 2020

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Close of Expert Discovery: December 4, 2020

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Dispositive Motion Hearing Deadline: February 12, 2021

Proposed Alternative Dates for Scheduling Order.

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Requested Event Date per Stipulation of Parties:

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Close of Fact Discovery: November 9, 2020

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B.

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The parties request this change to the Scheduling Order for several reasons:

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Statement of Good Cause for Requested Continuance of Discovery Cut-Off.

1. The parties have diligently undertaken to complete discovery via the exchange of written

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discovery and remote depositions. The remote depositions taken to date include personnel

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of non-party Sprint Corporation noticed by defendant Lethisia Guzman. The remote

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deposition of defendant, Lethesia Guzman, is set for August 27, 2020.

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2. The remaining discovery consists of subpoenas by defendant Lethesia Guzman for the

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production of documents and for the depositions of persons most knowledgeable of Sprint

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Corporation, the employer of the person assigned the vehicle involved in the accident

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giving rise to the underlying actions and this insurance coverage action. The fact that

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Sprint is a non-party, out-of-state corporation, and the COVID-19 outbreak and

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consequent lockdowns, have created logistical obstacles to completing this remaining

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discovery in the time allotted under the current Scheduling Order. These obstacles

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include:

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a. Sprint will be represented by other counsel not otherwise involved in this coverage

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action.

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Stipulation for Continuance of Current Dates and [Proposed] Order
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b. Sprint’s counsel lacks access to in-person meetings making preparing for depositions

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difficult. In addition, the logistics of the document production and deposition

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preparation are compounded by the fact that the production of documents and

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depositions will be made under the Protective Order recently entered on August 20,

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2020.

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c. The inability to conduct in-person events makes it difficult to prepare for, attend

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depositions and defend depositions, both for the Sprint witnesses, Sprint’s attorney

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and other counsel.

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3. Despite these obstacles, the parties believe that the remaining discovery may be completed

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via the production of an agreed upon scope of documents and topics of deposition of

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Sprint persons most knowledge, following a meet and confer on these issues. However,

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the meet and confer process and the document production and taking of the deposition(s)

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cannot be completed within the current fact discovery cut-off of September 10, 2020.

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Respectfully submitted,

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DATED: August 21, 2020

CNA COVERAGE LITIGATION GROUP

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By: /s/ Robert C. Christensen
ROBERT C. CHRISTENSEN
Attorneys for Plaintiff CONTINENTAL
CASUALTY COMPANY

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DATED: August 21, 2020

POWERS MILLER

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By: /s/ R. James Miller
R. JAMES MILLER (SBN 170312)
Attorneys for Defendant LETHESIA GUZMAN

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DATED: August 21, 2020

DREYER, BABICH, BUCCOLA, WOOD,
CAMPORA, LLP

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By: /s/ Marshall R. Way
MARSHALL R. WAY (SBN 305082)
Attorneys for Defendant FAAFETIA TALIAOA
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Stipulation for Continuance of Current Dates and [Proposed] Order
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DATED: August 21, 2020

ELLIOT M. REINER, APC

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By: /s/Eliot M. Reiner
ELIOT M. REINER (SBN 142239)
Attorneys for Defendant RACHEL TALIAOA

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DATED: August 21, 2020

LARI-JONI & BASSELL, LLP

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By: /s/Torsten M. Bassell
TORSTEN M. BASSELL (SBN 249331)
Attorneys for Defendant L. M., a minor by and
through her Guardian Ad Litem THOMAS
NICHOLS

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DATED: August 21, 2020

WILCOXEN CALLAHAM, LLP

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By: /s/Drew M. Widders
BLAIR H. WIDDERS (SBN 301741)
DREW M. WIDDERS (SBN 245439)
Attorneys for Defendants D. M., and N. M., by and
through their Guardian Ad Litem, PATRICIA
MONTEJANO

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ATTESTATION PER LOCAL RULE 5-1(i)(3)

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The e-filing attorney hereby attests that concurrence in the filing of the document has been

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obtained from each of the other signatories indicated by a conformed signature (/s/) within this e-

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filed document.

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DATED: August 21, 2020

CNA COVERAGE LITIGATION GROUP

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By: /s/ Robert C. Christensen
ROBERT C. CHRISTENSEN
Attorneys for Plaintiff CONTINENTAL
CASUALTY COMPANY

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Stipulation for Continuance of Current Dates and [Proposed] Order
Case No.: 2:19-cv-01975-KJM-CKD

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PROPOSED ORDER
For good cause appearing, it is hereby ordered that the fact discovery cut-off is extended
for sixty (60) days from September 10, 2020 to November 9, 2020.

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IT IS SO ORDERED.

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Dated: September 8, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Stipulation for Continuance of Current Dates and [Proposed] Order
Case No.: 2:19-cv-01975-KJM-CKD