RLC Industries Co. et al v. Liberty Ins. Co., et al

Filing 79

STIPULATION and ORDER signed by Chief District Judge Troy L. Nunley on 9/24/2024 MODIFYING the 66 Pretrial Scheduling Order as follows: Last Day to Depose Expert Witnesses 11/8/2024; Expert Discovery Cutoff 12/6/2024. All other dates in the Court's prior Scheduling Orders will remain the same (Mena-Sanchez, L)

Download PDF
1 SCOTT P. DEVRIES, Cal. Bar No. 88221 HUNTON ANDREWS KURTH LLP 2 50 California Street, Suite 1700 San Francisco, CA 94111 3 Telephone: 415.975.3700 Facsimile: 415.975.3701 SDeVries@hunton.com 4 Email: RACHEL E. HUDGINS (admitted pro hac vice) HUNTON ANDREWS KURTH LLP Bank of America Plaza, Ste. 4100 600 Peachtree Street, N.E. Atlanta, GA 30308 Telephone: 404.888.4000 Facsimile: 404.888.4190 Email: RHudgins@hunton.com 5 Attorneys for Plaintiffs RLC INDUSTRIES CO. 6 and ROSEBURG FOREST PRODUCTS CO. 7 JEFFREY S. CROWE, Cal. Bar No. 216055 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 8 650 Town Center Drive, 10th Floor Costa Mesa, California 92626 9 Telephone: 714.513.5100 Facsimile: 714.513.5130 jcrowe@sheppardmullin.com 10 Email: 11 SCOTT SVESLOSKY, Cal. Bar No. 217660 MARY E. GREGORY, Cal. Bar No. 210247 12 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 333 South Hope Street, 43rd Floor 13 Los Angeles, California 90071-1422 Telephone: 213.620.1780 14 Facsimile: 213.620.1398 Email: mgregory@sheppardmullin.com 15 Attorneys for Defendant 16 LIBERTY INSURANCE CORPORATION 17 18 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 20 RLC INDUSTRIES CO. and ROSEBURG 21 FOREST PRODUCTS CO., Plaintiffs, 22 23 v. 24 LIBERTY INSURANCE CORPORATION, EVEREST NATIONAL 25 INSURANCE COMPANY, and THE OHIO CASUALTY INSURANCE 26 COMPANY, 27 Case No. 2:23-cv-00649-TLN-SCR Assigned to the Hon. Troy L. Nunley and Magistrate Judge Sean C. Riordan STIPULATION AND ORDER TO MODIFY THE PRETRIAL SCHEDULING ORDER Defendants. 28 -1- STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER; ORDER 1 TO THE HONORABLE COURT: 2 Plaintiffs RLC Industries, Inc. and Roseburg Forest Products Co. (collectively 3 “Roseburg”), and Defendant Liberty Insurance Corporation (“Liberty”) (collectively “the 4 Parties”), by and through their attorneys of record, enter into the following stipulation for 5 an Order modifying the Court’s Scheduling Order (ECF 5) to briefly continue the 6 completion date for expert depositions and the expert discovery cutoff by two weeks. 7 I. RECITALS. 8 WHEREAS: 9 1. On April 7, 2023, the Court issued its Initial Pretrial Scheduling Order. 10 (ECF 5). 11 2. On July 11, 2023, the Court issued a Minute Order advising the Parties to 12 submit any request to modify the Court’s Initial Pretrial Scheduling Order through a 13 Stipulation and Proposed Order for the Court’s consideration. (ECF 25). 14 3. On December 19, 2023, the Court granted Roseburg’s and Liberty’s request 15 to modify the Initial Pretrial Scheduling Order. (ECF 32). The Order continued the non16 expert discovery completion date from January 19, 2024 to May 3, 2024. 17 4. On June 28, 2024, the Court granted the Parties’ request to modify expert 18 discovery deadlines. (ECF 66). The Order continued the deadline for initial expert 19 witness disclosures from July 5, 2024 to August 2, 2024 and rebuttal expert disclosures 20 from August 2, 2024 to August 30, 2024. The Parties timely served their initial and 21 rebuttal disclosures, and identified a total of eight (8) retained and non-retained expert 22 witnesses. 23 5. The Court also granted the Parties’ request to modify the expert deposition 24 and cutoff deadlines. (ECF 66). The current Order requires the Parties to complete expert 25 depositions by October 25, 2024. The expert discovery cutoff date is November 22, 2024. 26 6. The Parties have scheduled six of the eight depositions to take place before 27 the October 25, 2024 deadline. However, based on the experts’ and counsel’s availability, 28 two of the expert witnesses are not available for deposition until after October 25, 2024. -2- STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER; ORDER 1 7. Based on their experts’ and counsel’s schedules, the Parties have agreed, and 2 seek the Court’s approval, to extend the deadline to take expert depositions for two weeks 3 until to November 8, 2024, and the expert discovery cutoff for two weeks to December 6, 4 2024. 5 II. STIPULATION. 6 Therefore, the Parties, by and through their counsel of record, hereby stipulate to an 7 order from the Court extending the expert deposition completion deadline in this matter to: 8 ● November 8, 2024: Last Day to Depose Expert Witnesses 9 ● December 6, 2024: Expert Discovery Cutoff 10 All other dates in the Court’s prior Scheduling Orders will remain the same. 11 IT IS SO STIPULATED. 12 13 Dated: September 24, 2024 14 HUNTON ANDREWS KURTH LLP 15 16 By 17 18 19 20 21 22 /s/ Rachel E. Hudgins [as authorized on September 24, 2024] SCOTT P. DeVRIES RACHEL E. HUDGINS Attorneys for Plaintiffs RLC INDUSTRIES CO. and ROSEBURG FOREST PRODUCTS CO. Dated: September 24, 2024 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 23 24 25 26 27 By /s/ Mary E. Gregory JEFFREY S. CROWE SCOTT SVESLOSKY MARY E. GREGORY Attorneys for Defendant LIBERTY INSURANCE CORPORATION 28 -3- STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER; ORDER 1 ORDER 2 Having considered the Stipulation and for good cause shown, IT IS HEREBY 3 ORDERED that the current Pretrial Scheduling Order in this case (ECF 66) be modified as 4 follows: 5 ● November 8, 2024: Last Day to Depose Expert Witnesses 6 ● December 6, 2024: Expert Discovery Cutoff 7 8 All other dates in the Court’s prior Scheduling Orders will remain the same. 9 10 IT IS SO ORDERED. 11 DATED: September 24, 2024 Troy L. Nunley Chief United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER; ORDER

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?