Matteson v. Continental Casualty Company

Filing 35

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 10/27/2009. (bzsec, COURT STAFF) (Filed on 10/27/2009)

1 BRENT R. AUSTIN (California Bar No. 141938) austin(£wildman. com

2 LISA S. SIMMONS (Ilinois Bar No. 6192809), admitted pro hac vzce
simmons(£wildman. com

3 WILDMAN, HAROLD, ALLEN & DIXON LLP
225 West Wacker Drive
4 Chicago, Ilinois 60606

Telephone: [phone]
5 Facsimile: [phone]

6 SEAN M. SULLIVAN (California Bar No. 229104) sullivan(£wildman. com

7 WILDMAN, HAROLD, ALLEN & DIXON LLP
9665 Wilshire Blvd, Suite 200
8 Beverly Hills, California 90212 Telephone: [phone]

9 Facsimile: [phone]

10 Attorneys for Continental Casualty Co.
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
CASE NO. 3:09-CV-0617-BZ

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15 ELIZABETH H. MATTESON
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vs.

Plaintiff,

STIPULATION AN (PROPOSED) ORDER TO CONTIN CERTAI PRE-TRIAL
DATES OR IN THE ALTERNATIVE ALL DATES BY 21 DAYS

18 CONTINNT AL CASUALTY COMPANY,
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Defendant.

Hon. Bernard Zimmerman
Trial Date: February 1, 2010

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Defendant, Continental Casualty Company and plaintiff, Elizabeth H. Matteson, by and
through their respective counsel of record, hereby stipulate to the following:
Whereas, by Order dated July 21,2009, the Court set certain pre-trial and trial dates in this

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26 Whereas, on August 26,2009, the parties fied a stipulation to continue certain pre-trial
27 dates, in part so that the parties could participate in a mediation before plaintiff

took certain

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STIPULATION AND (PROPOSED) ORDER TO CONTINU CERTAIN PRE- TRIAL DATES Case No. 3:09-CV-0617-BZ

1 depositions;

2 Whereas, by Order dated August 26,2009, the Court, pursuant to the parties' stipulation,

3 set the following new pre-trial dates:

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Last Day to Hear Dispositive Motions:
Last Day for Expert Discovery:

December 2, 2009
January 11, 2010

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Last Day for Rebuttal Expert Disclosure: Last Day for Expert Disclosure:
Close of

January 4,2010
December 14, 2009

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Non-expert Discovery:

November 13, 2009;

10 Whereas, the Court did not change the February 1, 2010 trial date or the January 12, 2010
1 1 Pre- Trial date;

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Whereas, since entry of

this Court's August 26,2009 Order, defendant has begun, but has

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been unable to complete, the deposition of

David Matteson. David Matteson is plaintiffs

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15 representative in this action because defendant is advised that plaintiff - as result of her medical

16 condition - is not competent to testify in this matter. Defendant has not yet been able to complete
17 Mr. Matteson's deposition for the following reasons:
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. As a result of the schedules of

the parties and their counsel, the deposition ofMr.

Matteson could not be commenced until September 16, 2009;
. During Mr. Matteson's deposition on September 16, Elizabeth Matteson (the

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named plaintiff) suffered a medical emergency, which required that she be taken to the hospital on an emergency basis and also required that Mr. Matteson terminate
the deposition for that day;

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. While the parties have since worked to reschedule that deposition, it will not be
able to be completed before October 28, which is the date by which defendant must

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fie its summary judgment under the current schedule.

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-2STIPULATION AND (PROPOSED) ORDER TO CONTINU CERTAIN PRE- TRIAL DATES Case No3:09-CY-0617-BZ

1 Now, therefore the parties hereby stipulate and agree, subject to the Court's approval, that
2 the last date for the Court to hear dispositive motions be continued for a period of twenty-one (21)

3 days to permit defendant the opportunity to complete the deposition ofMr. Matteson. The

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proposed new last date for the Court to hear dispositive motions would therefore be December 23,

2009. If the Court is unwilling to approve said stipulation, the parties request in the alternative,
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7 that all dates, including the Pre-Trial and Trial dates, be continued for twenty-one (21) days. The
8 alternative schedule proposed by the parties, which includes a continuance of

Pre- Trial and Trial

9 dates would be as follows:

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Trial Date:
Pre- Trial Conference:

February 22,2010

February 2,2010
December 23,2009

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Last Day to Hear Dispositive Motions:
Last Day for Expert Discovery:

February 1, 2010

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Last Day for Rebuttal Expert Disclosure: Last Day for Expert Disclosure:
Close of

January 25,2010

January 4,2010
December 4,2009

Non-expert Discovery:

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Concurrence in the fiing of this stipulation has been obtained from plaintiff s counsel,
Corinne Chandler.

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22 Dated: October 26, 2009

WILDMAN, HAROLD, ALLEN & DIXON
LLP

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By: Isl Sean M. Sullivan
Sean M. Sullivan

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Attorney for Defendant CONTINNTAL
CASUAL TY COMPANY

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-3STIPULATION AND (PROPOSED) ORDER TO CONTINU CERTAIN PRE- TRIAL DATES Case No3:09-CY-0617-BZ

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Dated: October 26, 2009

KANTOR & KANTOR LLP

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By: Isl Corinne Chandler
Corinne Chandler
Attorney for Plaintiff

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ELIZABETH H.

MATTESON

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-4STIPULATION AND (PROPOSED) ORDER TO CONTINU CERTAIN PRE- TRIAL DATES Case No3:09-CY-0617-BZ

1 ORDER
2 The Court having reviewed the stipulation between Plaintiff and Defendant to continue
3 certain Pre-Trial Dates:

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IT IS HEREBY ORDERED that the Stipulation is approved and the last day to hear December 16, 2009 dispositive motions is hereby continued to December 23,2009. All other dates set in the Court's

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7 August 26, 2009 Order shall remain the same.
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10 DATED: October 27, 2009
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Hon. Bernard Zimmerman United States District Court Magistrate Judge

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-5STIPULATION AND (PROPOSED) ORDER TO CONTINU CERTAIN PRE- TRIAL DATES Case No3:09-CY-0617-BZ

1 (PROPOSED AL TERNA TIVEl ORDER
2 The Court having reviewed the stipulation between Plaintiff and Defendant to continue
3 certain Pre-Trial Dates:

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IT IS HEREBY ORDERED that the Stipulation is approved and that the new Pre-Trail and
Trial dates in this matter are as follows:

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Trial Date:
Pre- Trial Conference:

February 22,2010

February 2,2010
December 23,2009

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Last Day to Hear Dispositive Motions:
Last Day for Expert Discovery:

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February 1, 2010

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Last Day for Rebuttal Expert Disclosure: Last Day for Expert Disclosure:
Close of

January 25,2010

January 4,2010
December 4,2009

Non-expert Discovery:

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DATED:

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Hon. Bernard Zimmerman United States District Court Magistrate Judge

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-6STIPULATION AND (PROPOSED) ORDER TO CONTINU CERTAIN PRE- TRIAL DATES Case No3:09-CY-0617-BZ