Neigum v. Allstate Indemnity Company

Filing 25

STIPULATION AND ORDER TO CONTINUE DEADLINES AND FOR AN INDEPENDENT MEDICAL EXAMINATION re doc 24 filed by Allstate Indemnity Company. The parties will exchange their expert designation and reports on or before 4/1/2010. The parties will exchange their rebuttal expert designation and reports on or before 4/23/2010. The expert discovery cutoff is set for 5/28/2010. Plaintiff will submit to an independent medical examination pursuant to FRCP 35 within 30 days after his deposition is completed. The examination will consist of a psychiatric interview with Dr Margo Leahy and psychological testing administered by Paul Berg, Ph.D. Signed by Judge Vaughn R Walker on 2/2/2010. (cgk, COURT STAFF) (Filed on 2/2/2010)

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SONNENSCHEIN NATH & ROSENTHAL LLP 2121 N. CALIFORNIA BOULEVARD, SUITE 800 WALNUT CREEK, CA 94596 [phone]

CHARLES D. COCHRAN (State Bar No. 98064) RACHAEL ERICKSON (State Bar No. 217445) HILTON, COCHRAN & BORBA, LLP 50 Old Courthouse Square, Suite 601 Santa Rosa, CA 95404 Telephone: [phone] Facsimile: [phone] Email: [e-mail] GUY O. KORNBLUM (State Bar No. 39974) CLARK A. LAMMERS (State Bar No. 252520) GUY KORNBLUM & ASSOCIATES 1388 Sutter Street, Suite 820 San Francisco, CA 94109 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff JAROD NEIGUM CYNTHIA L. MELLEMA (State Bar No. 122798) JEFFRY BUTLER (State Bar No. 180936) MEGAN L. BARKER (State Bar No. 245991) SONNENSCHEIN NATH & ROSENTHAL LLP 2121 N California Blvd., Suite 800 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Defendant ALLSTATE INDEMNITY COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JAROD NEIGUM, Plaintiff, vs. ALLSTATE INDEMNITY COMPANY, and DOES 1 through 100, Defendants.
No. CV 09-1758 VRW STIPULATION AND [PROPOSED] ORDER REGARDING DEADLINES/MEDICAL EXAM

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No. CV 09-1758 VRW STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINES AND FOR AN INDEPENDENT MEDICAL EXAMINATION

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SONNENSCHEIN NATH & ROSENTHAL LLP 2121 N. CALIFORNIA BOULEVARD, SUITE 800 WALNUT CREEK, CA 94596 [phone]

Plaintiff Jarod Neigum and defendant Allstate Indemnity Company, through their respective counsel, enter into this stipulation based on the following facts: 1. On August 24, 2009, the Court entered an order setting the following deadlines: Designation of experts/reports: Designation of rebuttal experts/reports: Expert discovery cutoff: 2. January 29, 2010 March 1, 2010 April 30, 2010

In December 2009, plaintiff associated new counsel into the case, who require

additional time to become familiar with the case and prepare for the designation of experts. 3. Allstate has requested, and plaintiff has agreed, that plaintiff submit to a mental

examination to allow Allstate to evaluate his emotional distress claim. Plaintiff's request that his deposition precede the mental examination precludes Allstate from having that examination performed, and a report or reports generated, before the January 29 expert designation deadline. 4. The only deadline the Court has previously modified in this case relates to ADR.

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By order dated October 28, 2009, the Court extended from October 30, 2009 to December 31, 2009 the date for the parties to complete early neutral evaluation. At the December 17, 2009 case management conference, the Court again extended that deadline to coincide with the close of non-expert discovery, March 31, 2010. Based on the above facts, plaintiff and Allstate hereby stipulate as follows and request that the Court adopt this stipulation as its order: 1. 2010; 2. The parties will exchange their rebuttal expert designation and reports on or before The parties will exchange their expert designation and reports on or before April 1,

April 23, 2010; 3. 4. The expert discovery cut-off should be May 28, 2010; Plaintiff will submit to an independent medical examination pursuant to Federal

Rule of Civil Procedure 35 within 30 days after his deposition is completed. The examination will consist of a psychiatric interview with Dr. Margo Leahy and psychological testing administered by Paul Berg, Ph.D;
No. CV 09-1758 VRW -1STIPULATION AND [PROPOSED] ORDER REGARDING DEADLINES/MEDICAL EXAM

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SONNENSCHEIN NATH & ROSENTHAL LLP 2121 N. CALIFORNIA BOULEVARD, SUITE 800 WALNUT CREEK, CA 94596 [phone]

5.

The modification of expert discovery deadlines identified above will affect no other

deadline in the case. IT IS SO STIPULATED. Filer's Attestation Pursuant to General Order No. 45, section X(B) regarding signatures, I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories. Dated: January 26, 2010 By: _____/s/ JEFFRY BUTLER_______ JEFFRY BUTLER

Dated: January 26, 2010

Respectfully Submitted, GUY KORNBLUM & ASSOCIATES

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No. CV 09-1758 VRW

By: _____/s/ GUY O. KORNBLUM_______ GUY O. KORNBLUM Attorneys for Plaintiff JAROD NEIGUM Dated: January 26, 2010 SONNENSCHEIN NATH & ROSENTHAL LLP

By: _____/s/ JEFFRY BUTLER_______ JEFFRY BUTLER Attorneys for Defendant ALLSTATE INDEMNITY COMPANY

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Pursuant to the stipulation above, IT IS SO ORDERED.

2/2/2010 Dated: _______________
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STIPULATION AND [PROPOSED] ORDER ER REGARDING DEADLINES/MEDICAL EXAM C

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