Zenith Insurance Company v. Stanley Black & Decker, Inc.

Filing 21

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/16/2021 MODIFYING the dates in 15 Order as follows: Fact Discovery to be completed by 5/21/2021, Expert Disclosures to be completed by 6/21/2021, Rebuttal Witnesses to be exchanged by 7/19/2021, All Expert Discovery to be completed by 8/30/2021, and All Dispositive Motions to be heard by 9/17/2021. (Huang, H)

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1 2 3 4 5 LESTER, CANTRELL & KRAUS, LLP Kevin R. Crisp [SBN97504] 1770 Iowa Avenue, Suite 110 Riverside, California 92507 Telephone: (951) 300-2690 Facsimile: (951) 300-2694 kcrisp@lc-lawyers.com Attorneys for Defendant, STANLEY BLACK & DECKER, INC. 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 ZENITH INSURANCE COMPANY, vs. STIPULATION CONTINUING PRETRIAL DATES AND DEADLINES; ORDER THEREON STANLEY BLACK & DECKER, INC., and DOES 1 to 25, inclusive, ASSIGNED FOR ALL PURPOSES TO: MAGISTRATE JUDGE JEREMY D. PETERSON Plaintiff, 1770 IOWA AVENUE, SUITE 110 RIVERSIDE, CALIFORNIA 92507 LESTER, CANTRELL & KRAUS, LLP 12 13 14 15 16 17 18 19 CASE NO.: 2:19-cv-02068-KJM-JDP Defendants. COURTROOM 9, 13TH FLOOR Federal Action Filed: October 14, 2019 State Action Filed: August 23, 2019 San Joaquin County Superior Court STK-CV-UP:-19-11017 20 21 22 23 24 Plaintiff Zenith Insurance Company and Defendant Stanley, Black & Decker, Inc. respectfully submit the following stipulation: 25 26 27 The court issued Bench Order (Doc. 12) on March 17, 2019, relating to pretrial dates and deadlines. This order was followed by a number of orders regarding or 28 1. STIPULATION RE: CONTINUATION OF PRE-TRIAL DATES AND DEADLINES 1 related to the “Covid-19” pandemic. Due to pandemic, the parties and their 2 respective counsel agree that the current pretrial dates and deadlines should be 3 4 5 6 extended for a period of a minimum of 120 days. Ongoing difficulties include the necessity of plaintiff’s counsel’s law offices being changed to remote work only, the five times closing, reopening and closing of defense counsel’s office due to 7 8 government advisories and multiple employee Covid infections and broader related 9 quarantines, a corporate Covid-related travel ban which exists for the defendant, 10 11 13 1770 IOWA AVENUE, SUITE 110 RIVERSIDE, CALIFORNIA 92507 LESTER, CANTRELL & KRAUS, LLP 12 14 15 16 precluding travel by its remote in-house experts and consultants, and travel restrictions on outside consultants and eventual likely designated experts. Essential fire-related evidence is located in California and the defendant’s consultants are located Maryland and Texas. Counsel have been working together to conduct this litigation in an orderly and 17 18 professional manner, and mediated the case on October 19, 2020. They continue to 19 have contact with their mediator. 20 21 22 23 There was one prior request for an extension of these dates. Based on the foregoing, the parties request that the following dates and deadline be extended for at least 120 days. Suggested continued dates are set forth 24 25 26 below; present dates are in brackets: -Fact discovery shall be completed by 5/21/2021 [1/29/2021] 27 28 -Expert disclosures shall be completed by 6/21/2021 [2/26/2021] 2. STIPULATION RE: CONTINUATION OF PRE-TRIAL DATES AND DEADLINES 1 -Rebuttal witnesses shall be exchanged by 7/19/2021 [3/15/2021] 2 -All dispositive motions, except for motions for continuances, temporary 3 4 5 6 restraining orders or other emergency applications, shall be heard by 9/20/21 [5/28/2021] Respectfully submitted, 7 8 9 Dated: February 5, 2021 10 BY: /s/ Jeffrey J. Williams Jeffrey J. Williams Attorneys for Plaintiff ZENITH INSURANCE COMPANY 11 12 13 1770 IOWA AVENUE, SUITE 110 RIVERSIDE, CALIFORNIA 92507 LESTER, CANTRELL & KRAUS, LLP CHERNOW AND LIEB 14 15 16 17 18 19 20 Dated: February 16, 2021 LESTER, CANTRELL & KRAUS, LLP BY: /s/ Kevin R. Crisp Kevin R. Crisp Attorneys for Defendants, STANLEY BLACK & DECKER, INC. ------------------------------------------------------------------------------------------------------- 21 22 23 IT IS SO ORDERED. The parties’ stipulation is approved, and the dates set forth in the Court’s 9/23/2020 minute order are modified as set forth below: 24 -Fact discovery shall be completed by 5/21/2021 25 -Expert disclosures shall be completed by 6/21/2021 26 -Rebuttal witnesses shall be exchanged by 7/19/2021 27 -All expert discovery shall be completed by 8/30/2021 28 3. STIPULATION RE: CONTINUATION OF PRE-TRIAL DATES AND DEADLINES 1 -All dispositive motions, except for motions for continuances, temporary 2 restraining orders or other emergency applications, shall be heard by 9/17/21 3 DATED: February 16, 2021. 4 5 6 7 8 9 10 11 13 1770 IOWA AVENUE, SUITE 110 RIVERSIDE, CALIFORNIA 92507 LESTER, CANTRELL & KRAUS, LLP 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. STIPULATION RE: CONTINUATION OF PRE-TRIAL DATES AND DEADLINES

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