California State Automobile Association Inter-Insurance Bureau v. Whirlpool Corporation et al

Filing 31

ORDER GRANTING 30 Stipulation to Modify Scheduling Order to Extend Non-Expert and Expert Discovery Dates. Discovery due by 7/11/2011. Exhibit List due by 8/1/2011. Expert Witness List due by 8/29/2011.. Signed by Judge Jeffrey S. White on 5/24/11. (jjoS, COURT STAFF) (Filed on 5/24/2011)

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Case3:10-cv-01570-JSW Document30 Filed05/20/11 Page1 of 5 1 Peter A. Dubrawski (Bar No. 65677) Krsto Mijanovic (Bar No. 205060) 2 HAIGHT BROWN & BONESTEEL LLP 6080 Center Drive, Suite 800 3 Los Angeles, CA 90045-1574 Telephone: 310.215.7100 4 Facsimile: 310.215.7300 5 Attorneys for Defendant BROAN-NUTONE LLC 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 CALIFORNIA STATE AUTOMOBILE ) ASSOCIATION INTER-INSURANCE ) 12 BUREAU, as subrogee of Steven and ) Sheila Spieller, ) ) 13 Plaintiff, ) ) 14 vs. ) ) 15 WHIRLPOOL CORPORATION; ) 16 MAYTAG CORPORATION; BROAN- ) NuTONE LLC and DOES 1 through 25, ) ) 17 Inclusive, ) Defendant. ) 18 ) 19 20 Case No. 3:10-CV-01570-JSW Judge Hon. Jeffrey S. White STIPULATION OF PARTIES TO MODIFY SCHEDULING ORDER TO EXTEND DISCOVERY AND EXPERT CUT-OFF DATES All parties hereto, by and through their attorneys of record, stipulate as 21 follows: 22 1. This matter involves a fire loss that occurred on August 6, 2007 at a 23 residence located at 304 Miramontes Avenue, Half Moon Bay, California. The fire 24 was investigated by the Half Moon Bay Fire Department. On information and 25 belief, the Half Moon Bay Fire Department merged with the Coastside Fire 26 Department, and eventually came to be known as CAL-FIRE. 27 2. Broan-NuTone LLC has diligently pursued discovery; however, due to 28 the merger of the two fire departments, CAL-FIRE was not able to locate and STIPULATION OF PARTIES TO MODIFY LAW OFFICES HAIGHT, BROWN & BONESTEEL, L.L.P. Los Angeles BM07-0000072 3808627.1 SCHEDULING ORDER 1 Case3:10-cv-01570-JSW Document30 Filed05/20/11 Page2 of 5 1 identify the individuals from the responding fire department who investigated the 2 subject fire, as well as the photographs of fire. The absence of this information has 3 prevented Broan-NuTone LLC from determining the facts and circumstances 4 surrounding the subject fire. It was not until recently that Broan-NuTone was 5 finally able to track down the lead investigator to secure his deposition. 6 3. Furthermore, over the past 12 months, Broan-NuTone LLC has also 7 had great difficulty locating witness Martiza Spieller, who was the last person to 8 leave the subject premises before the fire. After a diligent search, Broan-NuTone 9 LLC discovered that Ms. Spieller was a student as San Luis Obispo, and secured her 10 deposition earlier this month. 11 4. Plaintiff recently noticed the deposition of the 30(b)(6) witness of 12 Broan-NuTone LLC, however, due to scheduling conflicts and the fact that Broan s 13 company witness resides in Wisconsin, said deposition was unable to go forward. 14 The parties hereby agree to a short continuance of the discovery cut-off and expert 15 designation periods so as to give the parties sufficient time to complete discovery. 16 5. Furthermore, now that the parties have been able to secure the fire 17 investigation materials and deposition testimony of the fire department, the parties 18 have agreed to submit this matter to private mediation. 19 6. Under the existing Scheduling Order, the discovery cut-off is May 23, 20 2011 and plaintiff s expert designation is due on May 31, 2011, and defendant s 21 expert designation is due on June 27, 2011. The Pre-Trial Conference is scheduled 22 on October 3, 2011, and the Trial is scheduled on October 24, 2011. 23 7. Accordingly, the parties so stipulate to extend the non-expert and 24 expert discovery as follows: 25 a. Discovery Cut-Off: July 11, 2011 26 b. Plaintiff s Expert Designation: August 1, 2011 27 c. Defendant s Expert Designation: August 29, 2011 28 STIPULATION OF PARTIES TO MODIFY LAW OFFICES HAIGHT, BROWN & BONESTEEL, L.L.P. Los Angeles BM07-0000072 3808627.1 SCHEDULING ORDER 2 Case3:10-cv-01570-JSW Document30 1 8. Filed05/20/11 Page3 of 5 The original Pre-Trial Conference and the Trial dates shall remain. 2 3 IT IS SO STIPULATED. 4 5 Dated: May 20, 2011 HAIGHT BROWN & BONESTEEL LLP 6 By: /s/ Krsto Mijanovic Peter A. Dubrawski Krsto Mijanovic Attorneys for Defendant BROAN-NUTONE LLC 7 8 9 10 11 Dated: May 20, 2011 JANG & ASSOCIATES 12 By: /s/ Joseph Aslteford Joseph Astleford Attorneys for Plaintiff CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU 13 14 15 16 17 18 IT IS SO ORDERED. 19 20 Dated: 21 May 24, 2011 Hon. Jeffrey S. White Judge, United States District Court 22 23 24 25 26 27 28 STIPULATION OF PARTIES TO MODIFY LAW OFFICES HAIGHT, BROWN & BONESTEEL, L.L.P. Los Angeles BM07-0000072 3808627.1 SCHEDULING ORDER 3

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