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)
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
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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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