Empey v. Allied Property & Casualty Insurance Company

Filing 59

ORDER denying stipulation to continue the trial date. (tdm, COURT STAFF) (Filed on 12/14/2011)

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1 2 3 4 5 6 7 8 9 10 Attorneys for Defendants ALLIED PROPERTY & CASUALTY INSURANCE COMPANY DONALD T. MCMILLAN (State Bar No. 134366) McMILLAN & SHUREEN LLP 50 Santa Rosa Avenue, Suite 200 Santa Rosa, CA 95404 Telephone: (707) 525-5400 Facsimile: (707) 576-7955 Attorneys for Plaintiff CHAD EMPEY 600 94105 12 (415) 357-4600 FAX (415) 357-4605 KUMAGAI & LAFAYETTE ATTORNEYS AT LAW 100 SPEAR STREET, SUITE SAN FRANCISCO, CALIFORNIA LLP 11 LAFAYETTE & KUMAGAI LLP GARY T. LAFAYETTE (State Bar No. 088666) REBECCA K. KIMURA (State Bar No. 220420) 100 Spear Street, Suite 600 San Francisco, California 94105 Telephone: (415) 357-4600 Facsimile: (415) 357-4605 UNITED STATES DISTRICT COURT 13 FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 15 CHAD EMPEY, 16 Plaintiff, 17 vs. 18 ALLIED PROPERTY & CASUALTY INSURANCE COMPANY, and DOES 1 to 50, inclusive, 19 20 Case No. 3:11-CV-00733-SC JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE TRIAL DATE Complaint filed: January 20, 2011 Defendants. 21 22 Plaintiff CHAD EMPEY ("Plaintiff") and Defendant ALLIED PROPERTY & 23 CASUALTY INSURANCE COMPANY ("Allied") (collectively, the "Parties") through their 24 respective counsel present the following stipulation and proposed order regarding a continuance 25 of the trial date, currently set for January 30, 2012, and a continuance of the discovery deadlines 26 in this case so that the Parties can complete the depositions already noticed. This stipulation is 27 based on the following: 28 WHEREAS, the Parties engaged in prolonged mediation activities with Thomas H.R. JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE TRIAL DATE Case No. 3:11-CV-00733-SC 1 1 Denver beginning on September 23, 2011, which did not conclude until November 14, 2011. 2 During that time, the Parties deferred all pending depositions and discovery until the mediation 3 process was completed. The Parties have since resumed discovery, and while the Parties have 4 been diligent in taking depositions, they will not be able to conclude all necessary depositions 5 already noticed within the discovery cutoff date as currently set. Moreover, as a result of 6 additional meeting and conferring, the Parties have agreed to engage in further mediation 7 discussions. The Parties agree that continuing the trial date to May 7, 2012 will allow the Parties 8 another opportunity to try to resolve this matter without trial. This stipulation is based on the 9 following: 10 Court set the following dates: 600 94105 12 (415) 357-4600 FAX (415) 357-4605 KUMAGAI & LAFAYETTE ATTORNEYS AT LAW 100 SPEAR STREET, SUITE SAN FRANCISCO, CALIFORNIA LLP 11 WHEREAS, a Status Conference was held for this matter on May 27, 2011, where the 1. Discovery Cutoff: November 30, 2011 13 2. Pretrial Conference Statement: No Date Set 14 3. Pretrial Conference: January 13, 2012 15 4. Jury Trial: January 30, 2012 16 WHEREAS, Defendant filed its Motion for Partial Summary Judgment on September 22, 17 2011 in accordance with the Status Conference, and the Court set the hearing for it for December 18 9, 2011; 19 20 WHEREAS, the Court thereafter continued the hearing date on the Motion for Partial Summary Judgment to January 13, 2012; 21 WHEREAS the Court also continued the discovery deadlines as follows: 22 1. Non-Expert Discovery Cutoff: December 23, 2011; 23 2. Expert Disclosures: January 2, 2012; 24 3. Disclosure of Rebuttal Experts: December 30, 2011; 25 4. Expert Discovery Cutoff: January 12, 2012. 26 5. Last day to hear motions: January 13, 2012. 27 WHEREAS, the Parties respectfully request that the Court continue the trial date in this 28 matter and further modify the discovery deadlines such that the Parties can complete the JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE TRIAL DATE Case No. 3:11-CV-00733-SC 2 1 depositions already noticed as follows: 2 1. Non-Expert Discovery Cutoff: February 17, 2012; 3 2. Expert Disclosures: March 2, 2012; 4 3. Disclosure of Rebuttal Experts: March 16, 2012; 5 4. Expert Discovery Cutoff: April 6, 2012; 6 5. Last day to hear motions: April 6, 2012; 7 6. Pretrial Conference: To Be Determined 8 7. Jury Trial: May 7, 2012 9 WHEREAS the hearing date for Defendant' motion would continue to be January 13, 10 2012. 600 94105 WHEREAS, in the interest of judicial economy and in hopes that this matter will resolve 12 (415) 357-4600 FAX (415) 357-4605 KUMAGAI & LAFAYETTE ATTORNEYS AT LAW 100 SPEAR STREET, SUITE SAN FRANCISCO, CALIFORNIA LLP 11 without the need for trial, the Parties seek to avoid unnecessary and costly trial preparation prior 13 to the conclusion of all settlement efforts. 14 15 WHEREAS, this is the Parties' first request for a trial continuance. No previous request has been made. STIPULATION 16 17 IT IS HEREBY STIPULATED AND AGREED TO BY AND BETWEEN THE 18 PARTIES by and through their respective counsel of record herein that the trial date be continued 19 and the discovery deadlines be continued such that the Parties may complete the depositions 20 already noticed: 21 1. Trial be continued to May 7, 2012; 22 2. The Pre-trial Conference be continued to a date in conformity to the new 23 trial date; 24 3. Non-Expert Discovery cutoff be continued to February 17, 2012; 25 4. The deadline for Expert Disclosures be continued to March 2, 2012; 26 5. Disclosure of Rebuttal Experts be continued to March 16, 2012; 27 6. Expert Discovery cutoff be continued to April 6, 2012; 28 7. The last day to hear motions be continued to April 6, 2012; JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE TRIAL DATE Case No. 3:11-CV-00733-SC 3 1 8. 2 continue to be January 13, 2012. The hearing date for Defendant's motion for summary judgment would ORDER 3 4 The foregoing stipulation having been entered and good cause appearing therefor, 5 IT IS HEREBY ORDERED that: 6 The current deadlines for this case shall be modified as follows: 7 1. The new trial date is continued to May 7, 2012. 2. The new pre-trial conference date is continued to ___________________. 3. The new non-expert discovery cutoff is continued to February 17, 2012; 4. The new deadline for expert disclosures is continued to March 2, 2012; 5. The new deadline for disclosure of rebuttal experts is continued to March 6. The new expert discovery cutoff is continued to April 6, 2012; 7. The last day to hear motions is continued to April 6, 2012. 8. The hearing date for Defendant's motion for summary judgment will 8 9 10 600 94105 12 16, 2012; 13 14 15 16 continue to be January 13, 2012. 17 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 18 19 DATED: December 14, 2011 /s/ Donald T. McMillan___ _____________ Attorneys for Plaintiff CHAD EMPEY DATED: December 14, 2011 /s/ Gary T. Lafayette__________________ Attorneys for Defendant ALLIED PROPERTY & CASUALTY INSURANCE COMPANY 20 21 Conti amuel _____________________________________ Judge S Honorable Samuel Conti E United States Senior R N D District Judge C OF RT H 28 12/14/11 DATED: ________________________ NO 27 D DENIE FO 26 R NIA PURSUANT TO STIPULATION, IT IS SO ORDERED. S DISTRICT TE C TA RT U O 25 S 24 LI 23 A 22 UNIT ED (415) 357-4600 FAX (415) 357-4605 KUMAGAI & LAFAYETTE ATTORNEYS AT LAW 100 SPEAR STREET, SUITE SAN FRANCISCO, CALIFORNIA LLP 11 IS T RIC T JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE TRIAL DATE Case No. 3:11-CV-00733-SC 4 1 2 3 CERTIFICATE OF SERVICE I certify that a copy of this document was served electronically on December 14, 2011, on counsel of record in compliance with Federal Rule 5, Local Rule 5.6 and General Order 45, by use of the Court’s ECF system. 4 5 6 /s/ Rebecca K. Kimura REBECCA K. KIMURA 7 8 9 10 600 94105 12 (415) 357-4600 FAX (415) 357-4605 KUMAGAI & LAFAYETTE ATTORNEYS AT LAW 100 SPEAR STREET, SUITE SAN FRANCISCO, CALIFORNIA LLP 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE TRIAL DATE Case No. 3:11-CV-00733-SC 5

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