Bentley et al v. Integon National Insurance Company

Filing 17

STIPULATION and ORDER signed by Magistrate Judge Dennis M. Cota on 11/19/21 ORDERING that Designation of Expert Witnesses due by 12/3/2021. Rebuttal expert witness lists due by 12/20/2021. Dispositive Motions filed by 2/11/2022. (Kaminski, H)

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1 2 3 4 J. Edward Kerley (175695) Dylan L. Schaffer (153612) Christopher Carling (254166) Kerley Schaffer LLP 1939 Harrison Street, #500 Oakland, California 94612 Telephone: (510) 379-5801 Facsimile: (510) 228-0350 5 Attorneys for Plaintiffs 6 10 Stephen M. Hayes (SBN 83583) Cherie M. Sutherland (SBN 217992) HAYES SCOTT BONINO ELLINGSON GUSLANI SIMONSON & CLAUSE, LLP 999 Skyway Road, Suite 310 San Carlos, California 94070 Telephone: (650) 637-9100 Facsimile: (650) 637-8071 11 Attorneys for Defendant 7 8 9 12 UNITED STATED DISTRICT COURT 13 FOR THE EASTERN DISTRICT OF CALIFORNIA 14 RONALD BENTLEY, an individual, and BRIDGETT BENTLEY, an individual, Case No. 2:20-cv-00625-KJM-DMC 15 JOINT STIPULATION AND ORDER MODIFYING SCHEDULING ORDER Plaintiffs, 16 v. 17 18 INTEGON NATIONAL INSURANCE COMPANY, a North Carolina corporation, and DOES 1-10. 19 Defendants. 20 21 22 23 24 25 26 27 28 1 JOINT STIPULATION AND ORDER 1 Plaintiffs Ronald and Brigette Bentley (“Plaintiffs”) and Defendant Integon National Insurance 2 Company (“Defendant”) respectfully submit this Stipulation and Proposed Order to modify the current 3 scheduling order as it relates to expert discovery and the deadline for the Court to hear dispositive 4 motions in this matter. RECITALS 5 6 WHEREAS, Plaintiffs filed their complaint in this action on March 23, 2020; 7 WHEREAS, Defendant filed its answer to the complaint on April 21, 2020; 8 WHEREAS, the Court issued its scheduling Order relating to deadlines for Rule 26 9 10 11 disclosures, including those relating to the disclosure of expert witnesses on August 7, 2020; WHEREAS, the August 7, 2020 Order provided for the following deadlines relating to expert witness disclosures and discovery and dispositive motions: 12 Exchange of initial lists of experts (FRCP 26(a)(2)(A) and (B)): November 12, 2021 13 Exchange of rebuttal experts: December 13, 2021 14 Dispositive motion hearing deadline: February 4, 2022 15 WHEREAS, due to a mistake and oversight on the part of Plaintiffs’ counsel due to multiple 16 trials occurring in other matters as well as an office move occurring over the weekend of November 17 12th through November 15th, Plaintiff was unable to participate in a mutual exchange of expert 18 witness lists by the initial deadline on November 12, 2021. 19 WHEREAS Plaintiffs’ counsel sought an accommodation from Defendant’s counsel to extend 20 the date for the expert witness exchange in order to correct the oversight and prevent prejudice to 21 Plaintiffs, while offering to agree to extend other deadlines as needed or requested by Defendant to 22 ensure no prejudice to Defendant as a result of any extension or delay in the exchange of expert 23 witness lists; 24 WHEREAS Defendant and Defendant’s counsel have agreed to extend the dates for exchange 25 of initial lists of experts for three weeks to December 3, 2021 and exchange of rebuttal experts for one 26 week to December 20, 2021. 27 28 2 JOINT STIPULATION AND [PROPOSED] ORDER 1 WHEREAS it appears the Court is unavailable for a hearing on a dispositive motion on 2 February 4, 2022, the Parties agree to extend the deadline for the Court to hear a dispositive motion in 3 this case shall be extended for one week to February 11, 2022. 4 5 WHEREAS there is no trial date set in this matter and this is the first request of the Parties to extend any of the deadlines set forth in the initial scheduling Order, 6 STIPULATION 7 THEREFORE, the Parties, by and through their respective counsel of record, agree and 8 9 stipulate to modify the scheduling Order as follows: Deadline for exchange of initial expert witness lists (FRCP 26(a)(2)(A) and (B) 10 11 Deadline for exchange rebuttal expert witness lists 12 13 December 3, 2021 (currently November 12, 2021) December 20, 2021 (currently December 13, 2021) Deadline to have dispositive motions noticed and heard February 11, 2022 (currently February 4, 2022) 14 15 All other deadlines set forth in the Court’s August 7, 2020 Order shall remain. 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 17 18 Date: 11/16/21 19 Kerley Schaffer LLP /s/ Christopher Carling Christopher Carling Attorneys for Plaintiffs 20 21 22 23 24 Date: 11/16/21 Hayes Scott Bonino Ellingson et al. /s/ Cherie M. Sutherland Cherie M. Sutherland Attorneys for Defendant 25 26 27 28 3 JOINT STIPULATION AND [PROPOSED] ORDER ORDER 1 2 3 4 Pursuant to the Parties’ Stipulation and good cause appearing, the Order entered August 7, 2020 is revised as follows: Deadline for exchange of initial expert witness lists (FRCP 26(a)(2)(A) and (B): December 3, 2021 Deadline for exchange rebuttal expert witness lists: December 20, 2021 5 6 7 8 Deadline to have dispositive motions noticed and heard: February 11, 2022 9 10 All other deadlines set forth in the Court’s August 7, 2020 Order shall remain. 11 IT IS SO ORDERED. 12 13 Dated: November 19, 2021 ____________________________________ DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION AND [PROPOSED] ORDER

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