Matteson v. Continental Casualty Company

Filing 30

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 8/26/2009. (bzsec, COURT STAFF) (Filed on 8/26/2009)

1 Glenn R. Kantor - SBN 122643 e-mail: [e-mail] 2 Corinne Chandler - SBN - 111423 e-mail: [e-mail] 3 Brent Dorian Brehm - SBN 248983 e-mail: [e-mail] 4 KANTOR & KANTOR, LLP 19839 Nordhoff Street 5 Northridge, CA 91324 [phone] (Tel) 6 [phone] (Fax) 7 Attorneys for Plaintiff ELIZABETH H. MATTESON 8 9 10 11 12 13 ELIZABETH H. MATTESON, 14 15 16 17 18 19 20 22 24 25 26 27 28 Plaintiff, Elizabeth H. Matteson, and defendants, Continental Casualty Company, Whereas, by Order dated July 21, 2009, the following pre-trial and trial dates were Trial Date: Pre Trial Conference: Last Day to Hear Dispositive Motions: Last Day for Expert Discovery: February 1, 2010 January 12, 2010 November 4, 2009 January 4, 2010 21 by and through their respective counsel of record, hereby stipulate to the following: 23 set in this matter: ) ) Plaintiffs, ) ) vs. ) ) CONTINENTAL CASUALTY ) COMPANY, ) ) Defendant. ) ________________________________ ) CASE NO: C 09-0617 BZ STIPULATION AND [PROPOSED] ORDER TO CONTINUE PRETRIAL DATES OR IN THE ALTERNATIVE, TO CONTINUE ALL DATES BY THIRTY DAYS Trial Date: February 1, 2009 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Stipulation and [Proposed] Order to Continue Pre-Trial Dates

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Last Day for Rebuttal Expert Disclosure: Last Day for Expert Disclosure: Close of Non-expert Discovery:

December 23, 2009 December 16, 2009 October 1, 2009;

Whereas, since the entry of the July 21, 2009 Order, the parties have attempted to schedule a mediator who is mutually acceptable to the parties; but the desired mediator is not available until October, 2009; Whereas, plaintiff has advised defendant that she wishes to depose eight (8) individuals identified by defendant in its FRCP 26 Initial Disclosure Statement and additionally wishes to take a FRCP 30(B)(6) deposition of defendant on certain subjects of testimony; Whereas, defendant has advised plaintiff that the identified deponents are located in Chicago and Nashville and Whereas, the parties both desire to mediate the case before substantial fees are incurred to attend out of state depositions and to prepare for and brief dispositive motions. Now, therefore the parties hereby stipulate and agree, subject to the Court's approval, that the following pre-trial dates may be continued for a period not to exceed thirty (30) days, with the exception of the close of non-expert discovery which will be extended forty three (43) days, which will keep the Pre-trial and Trial dates of January 12, 2010 and February 1, 2010, respectively, in place. If the Court is unwilling to approve said stipulation, the parties request in the alternative, that all dates, including the Pre-Trial and Trial dates, be continued for thirty (30) days, again with the exception of the close of non-expert discovery which will be extended forty three (43) days. The proposed new dates are: Last Day to Hear Dispositive Motions: Last Day for Expert Discovery:

December 2, 2009 January 11, 2010

Stipulation and [Proposed] Order to Continue Pre-Trial Dates

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Last Day for Rebuttal Expert Disclosure: Last Day for Expert Disclosure: Close of Non-expert Discovery: will not be altered by this schedule

January 4, 2010 December 14, 2009 November 13, 2009

The trial date of February 1, 2010 and the Pre Trial Conference of January 12, 2010 The alternative schedule proposed by the parties, which includes a continuance of the Pre-Trial and Trial dates would be as follows: Trial Date: Pre-Trial Conference: Last Day to Hear Dispositive Motions: Last Day for Expert Discovery: Last Day for Rebuttal Expert Disclosure: Last Day for Expert Disclosure: Close of Non-expert Discovery: DATED: August 26, 2009 By: March 1, 2010 February 9, 2010 December 2, 2009 February 2, 2010 January 18, 2010 January 4, 2010 November 13, 2009 KANTOR & KANTOR LLP /s/ Brent Dorian Brehm Brent Dorian Brehm Attorneys for Plaintiff

DATED: August 26, 2009

WILDMAN, HARROLD, ALLEN & DIXON By: /s/ Lisa S. Simmons Lisa S. Simmons Attorneys for Defendant

Stipulation and [Proposed] Order to Continue Pre-Trial Dates

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1 2 4 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 continuance of the Pre-Trial Dates,

ORDER The Court having reviewed the stipulation between Plaintiff and Defendant for a IT IS HEREBY ORDERED that the Stipulation is approved and that the new PreLast Day to Hear Dispositive Motions Last Day for Expert Discovery Last Day for Rebuttal Expert Disclosure Last Day for Expert Disclosure Close of Non-expert Discovery

5 trial dates in this matter are as follows: December 2, 2009 January 11, 2010 January 4, 2010 December 14, 2009 November 13, 2009

The Trial date of February 1, 2010 and the Pre-Trial date of January 12, 2010 will

13 remain the same. DATED: August 26, 2009 ______________________________ Hon. Bernard Zimmerman United States District Court Magistrate Judge

The parties are cautioned that absent extraordinary circumstances, the Court will not grant a Rule 56(f) continuance of a summary judgment motion filed for hearing on December 2, 2009. Discovery should be planned accordingly.

Stipulation and [Proposed] Order to Continue Pre-Trial Dates

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[PROPOSED ALTERNATIVE] ORDER The Court having reviewed the stipulation between Plaintiff and Defendant for a continuance of the Pre-Trial Dates, IT IS HEREBY ORDERED that the Stipulation is approved and that the new Pretrial and Trial dates in this matter are as follows: Trial Date: Pre-Trial Conference: Last Day to Hear Dispositive Motions Last Day for Expert Discovery Last Day for Rebuttal Expert Disclosure Last Day for Expert Disclosure Close of Non-expert Discovery DATED: March 1, 2010 February 9, 2010 December 2, 2009 February 2, 2010 January 18, 2010 January 4, 2010 November 13, 2009 ______________________________ Hon. Bernard Zimmerman United States District Court Magistrate Judge

Stipulation and [Proposed] Order to Continue Pre-Trial Dates

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