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)

1 SCOTT P. DEVRIES, Cal. Bar No. 88221
HUNTON ANDREWS KURTH LLP
2 50 California Street, Suite 1700
San Francisco, CA 94111
3 Telephone: [phone]
Facsimile: 415.975.3701
[e-mail]
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: [phone]
Facsimile: 404.888.4190
Email:
[e-mail]

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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: [phone]
Facsimile: 714.513.5130
[e-mail]
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: [phone]
14 Facsimile: 213.620.1398
Email:
[e-mail]
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Attorneys for Defendant
16 LIBERTY INSURANCE CORPORATION
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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RLC INDUSTRIES CO. and ROSEBURG
21 FOREST PRODUCTS CO.,
Plaintiffs,

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v.

24 LIBERTY INSURANCE
CORPORATION, EVEREST NATIONAL
25 INSURANCE COMPANY, and THE
OHIO CASUALTY INSURANCE
26 COMPANY,
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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.

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STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER; ORDER

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TO THE HONORABLE COURT:

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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.

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WHEREAS:

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1.

On April 7, 2023, the Court issued its Initial Pretrial Scheduling Order.

10 (ECF 5).
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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).
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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.
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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.
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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.
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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.
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STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER; ORDER

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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.

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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:
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November 8, 2024:

Last Day to Depose Expert Witnesses

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December 6, 2024:

Expert Discovery Cutoff

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All other dates in the Court’s prior Scheduling Orders will remain the same.

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IT IS SO STIPULATED.

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13 Dated: September 24, 2024
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HUNTON ANDREWS KURTH LLP

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By

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/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

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By

/s/ Mary E. Gregory
JEFFREY S. CROWE
SCOTT SVESLOSKY
MARY E. GREGORY
Attorneys for Defendant
LIBERTY INSURANCE CORPORATION

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STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER; ORDER

1

ORDER

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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:
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●

November 8, 2024:

Last Day to Depose Expert Witnesses

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December 6, 2024:

Expert Discovery Cutoff

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All other dates in the Court’s prior Scheduling Orders will remain the same.

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IT IS SO ORDERED.

11 DATED: September 24, 2024
Troy L. Nunley
Chief United States District Judge

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STIPULATION TO MODIFY THE PRETRIAL SCHEDULING ORDER; ORDER