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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LESTER, CANTRELL & KRAUS, LLP
Kevin R. Crisp [SBN97504]
1770 Iowa Avenue, Suite 110
Riverside, California 92507
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant, STANLEY BLACK & DECKER, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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

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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

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Plaintiff Zenith Insurance Company and Defendant Stanley, Black & Decker,
Inc. respectfully submit the following stipulation:

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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

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1.
STIPULATION RE: CONTINUATION OF PRE-TRIAL DATES AND DEADLINES

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related to the “Covid-19” pandemic. Due to pandemic, the parties and their

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respective counsel agree that the current pretrial dates and deadlines should be

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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

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government advisories and multiple employee Covid infections and broader related

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quarantines, a corporate Covid-related travel ban which exists for the defendant,

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1770 IOWA AVENUE, SUITE 110
RIVERSIDE, CALIFORNIA 92507

LESTER, CANTRELL & KRAUS, LLP

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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

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professional manner, and mediated the case on October 19, 2020. They continue to

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have contact with their mediator.

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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

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below; present dates are in brackets:
-Fact discovery shall be completed by 5/21/2021 [1/29/2021]

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-Expert disclosures shall be completed by 6/21/2021 [2/26/2021]
2.
STIPULATION RE: CONTINUATION OF PRE-TRIAL DATES AND DEADLINES

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-Rebuttal witnesses shall be exchanged by 7/19/2021 [3/15/2021]

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-All dispositive motions, except for motions for continuances, temporary

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restraining orders or other emergency applications, shall be heard by 9/20/21
[5/28/2021]
Respectfully submitted,

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Dated: February 5, 2021

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BY: /s/ Jeffrey J. Williams
Jeffrey J. Williams
Attorneys for Plaintiff
ZENITH INSURANCE COMPANY

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1770 IOWA AVENUE, SUITE 110
RIVERSIDE, CALIFORNIA 92507

LESTER, CANTRELL & KRAUS, LLP

CHERNOW AND LIEB

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Dated: February 16, 2021

LESTER, CANTRELL & KRAUS, LLP
BY: /s/ Kevin R. Crisp
Kevin R. Crisp
Attorneys for Defendants,
STANLEY BLACK & DECKER, INC.

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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:

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-Fact discovery shall be completed by 5/21/2021

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-Expert disclosures shall be completed by 6/21/2021

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-Rebuttal witnesses shall be exchanged by 7/19/2021

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-All expert discovery shall be completed by 8/30/2021

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3.
STIPULATION RE: CONTINUATION OF PRE-TRIAL DATES AND DEADLINES

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-All dispositive motions, except for motions for continuances, temporary

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restraining orders or other emergency applications, shall be heard by 9/17/21

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DATED: February 16, 2021.

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1770 IOWA AVENUE, SUITE 110
RIVERSIDE, CALIFORNIA 92507

LESTER, CANTRELL & KRAUS, LLP

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4.
STIPULATION RE: CONTINUATION OF PRE-TRIAL DATES AND DEADLINES