Carlton v. AmGUARD Ins. Co.

Filing 26

STIPULATION and ORDER signed by Senior District Judge William B. Shubb on 1/6/2025 CONTINUING the dates as follows: Expert disclosures: 5/30/2025; Rebuttal Experts: 6/13/2025; Discovery: 5/16/2025; Motion Deadline: 03/01/2025; Pretrial Conference set for 8/25/2025 at 01:30 PM in Courtroom 5 (WBS) before Senior District Judge William B. Shubb. Jury Trial set for 11/12/2025 at 09:00 AM in Courtroom 5 (WBS) before Senior District Judge William B. Shubb. (Deputy Clerk VLK)

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John H. Podesta (State Bar No. 154706)
[e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
655 Montgomery Street, Suite 900
San Francisco, CA 94111
Telephone:
415.433.0990
Facsimile:
415.434.1370
Attorneys for Defendant
AMGUARD INSURANCE COMPANY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAN CARLTON, an individual,
Plaintiff,

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Case No. 2:22-cv-02030-WBS-DB

v.
AMGUARD INSURANCE COMPANY, a
foreign corporation; and
DOES 1 to 100, inclusive,

AMENDED STIPULATION AND ORDER TO
EXTEND DISCOVERY, PRETRIAL DATES
AND TRIAL DATE SET IN STATUS
(PRETRIAL SCHEDULING) ORDER
FOURTH REQUEST FOR EXTENSION
(CORRECTED SIGNATURES)

Defendants.

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Plaintiff Dan Carlton (“Plaintiff”) and Defendant Amguard
Insurance Company (“Defendant”) by and through their respective
counsel, hereby stipulate and request the Court to approve their
agreement for an extension of the discovery, other pretrial
deadlines and trial date as follows:
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On August 3, 2023, the Court issued an order extending

Pretrial Scheduling Dates.
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(Dkt 10)

On October 30, 2023, the Court issued a second order

extending Pretrial Scheduling Dates.
3.

(Dkt 12)

On January 5, 2024, the Court issued a third order

extending Pretrial Scheduling Dates.

(Dkt 14)

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AMENDED STIPULATION AND ORDER TO EXTEND DISCOVERY, PRETRIAL DATES AND TRIAL
DATE [Fourth Request]
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4.

Since the third order, the parties have continued to

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exchange written discovery, and have met and conferred regarding

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the production of other claim file documents under Colonial Life

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& Accident Ins. Co. v. Superior Court (1982) 31 Cal.3d 785.

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5.

Also since the third order, on March 1, 2024,

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Defendant filed a motion for summary judgment that was heard on

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May 28, 2024 and denied by the Court on May 30, 2024.

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6.

(Dkt 22)

Also since the third order, the parties have discussed

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a return to mediation in light of the Court’s order denying the

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Defendant’s motion for summary judgment.

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agreed that fact discovery should be completed before they can

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effectively return to mediation.

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the depositions of Defendants’ employees begun in December 2023.

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The parties have agreed that Plaintiff can resume those

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depositions following the production of all of Defendants’

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relevant documents.

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7.

The parties have

This includes completion of

One of the Defendant’s employees has a medical

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condition that renders her unavailable for deposition until late

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April or early May 2025.

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best be served by completing that deposition before initial

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expert reports are due, and thus seek to continue the current

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deadlines, pretrial conference date and trial date.

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8.

The parties believe that justice will

Good cause therefore exists for the parties’ request

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because it makes practical sense to complete fact discovery

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regarding the Defendant’s handling of the claim before returning

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to mediation.

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extend the current deadlines by 2 months for completing factual

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discovery, by 4 months for disclosing experts, and by 5 months

The parties thus jointly request that the Court

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AMENDED STIPULATION AND ORDER TO EXTEND DISCOVERY, PRETRIAL DATES AND TRIAL
DATE [Fourth Request]
285474818v.1

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for the commencement of trial:

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Deadline

Current Date

Proposed New Date

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Expert disclosures due

January 31, 2025

May 30, 2025

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Rebuttal expert disclosures February 14, 2025 June 13, 2025

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Close of factual discovery

March 17, 2025

May 16, 2025

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Last day to file motions

March 1, 2024

March 1, 2024

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Final Pretrial Conference

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Trial Date

April 21, 2025,
1:30 p.m.
June 24, 2025,
9 a.m.

August 25, 2025,
1:30 p.m.
November 12,
2025,
9 a.m.

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9.

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request that the Court extend the deadlines as proposed, or
alternative dates convenient for the Court.
The undersigned filer attest the concurrence in the filing

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Accordingly, the parties stipulate and respectfully

of

this

document

from

all

signatories

and

authority

to

the

filing with electronic signatures have been obtained.
Dated:

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December 30, 2024

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
/s/ John H. Podesta
By:
JOHN H. PODESTA
Attorneys for Defendant
AMGUARD INSURANCE COMPANY

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AMENDED STIPULATION AND ORDER TO EXTEND DISCOVERY, PRETRIAL DATES AND TRIAL
DATE [Fourth Request]
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Dated:

December 30, 2024

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MURPHY AUSTIN ADAMS SCHOENFELD LLP

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/a/ Alex F. Stuart

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By
ALEXANDER F. STUART
Attorneys for Plaintiff
DAN CARLTON

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ORDER
After considering the stipulation, IT IS HEREBY ORDERED
THAT:

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1. For good cause shown, the stipulation is granted;

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2. The discovery, motion, pretrial and trial dates are

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continued as follows:

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Expert disclosures due: May 30, 2025

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Rebuttal expert disclosures due: June 13, 2025

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Close of factual discovery: May 16, 2025

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Last day for filing motions: March 1, 2025

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Final Pretrial Conference: August 25, 2025 at 1:30 p.m.

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Trial date: November 12, 2025 at 9:00 a.m.

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Dated:

January 6, 2025

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AMENDED STIPULATION AND ORDER TO EXTEND DISCOVERY, PRETRIAL DATES AND TRIAL
DATE [Fourth Request]
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