Liberty Mutual Insurance Company v. The California Automobile Assigned Risk Plan

Filing 43

ORDER MODIFYING THE CASE SCHEDULE. Final dispositive motions due by 9/7/12; Fact Discovery due by 5/25/12; Expert Witness List due by 6/22/2012; Further Case Management Conference set for 10/19/2012 10:30 AM in Courtroom 7, 19th Floor, San Francisco ; Final Pretrial Conference set for 12/11/12 03:00 PM in Courtroom 7, 19th Floor, San Francisco. Jury Selection/ Jury Trial set for 2/4/13 09:00 AM in Courtroom 7, 19th Floor, San Francisco before Hon. Maxine M. Chesney. (mmclc2, COURT STAFF) (Filed on 2/21/2012)

1 AMY S. PARK (STATE BAR NO. 208204)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
2 525 University Avenue, Suite 1100
Palo Alto, California 94301
3 Telephone: [phone]
Facsimile: [phone]
4 Email: [e-mail]
5 JAMES R. CARROLL (PRO HAC VICE)
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
6 One Beacon Street, 31st Floor
Boston, Massachusetts 02108
7 Telephone: [phone]
Facsimile: [phone]
8 Email: [e-mail]
9 Attorneys for Plaintiff and Counter-Defendant
LIBERTY MUTUAL INSURANCE COMPANY
10
UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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) CASE NO.: 3:11-CV-01419-MMC
LIBERTY MUTUAL INSURANCE
14 COMPANY, a Massachusetts Corporation,
)
) STIPULATION AND
15
) [PROPOSED] ORDER
Plaintiff,
) MODIFYING THE CASE SCHEDULE
16
)
v.
) Judge: Hon. Maxine M. Chesney
17 THE CALIFORNIA AUTOMOBILE
) Dept: Courtroom 7, 19th Floor
)
ASSIGNED RISK PLAN, a program
18 established under California Insurance Code
) Complaint Filed: March 24, 2011
section 11620 et seq., and DOES 1 through 20, )
19 inclusive,
)
)
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Defendants.
)
)
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)
)
THE CALIFORNIA AUTOMOBILE
22 ASSIGNED RISK PLAN,
)
)
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)
Counter-Claimant,
)
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)
v.
)
25 LIBERTY MUTUAL INSURANCE
)
)
COMPANY, a Massachusetts Corporation,
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)
Counter-Defendant.
)
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)
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STIPULATION AND [PROPOSED]
ORDER MODIFYING THE CASE SCHEDULE

CASE NO.: 3:11-CV-01419-MMC

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STIPULATION AND [PROPOSED] ORDER MODIFYING THE CASE SCHEDULE

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Pursuant to Civil Local Rules 6-2, 7-12 and 40-1, Plaintiff/Counter-Defendant Liberty

3 Mutual Insurance Company ("Liberty Mutual") and Defendant/Counter-Claimant The California
4 Automobile Assigned Risk Plan ("CAARP") respectfully submit this Stipulation And Proposed
5 Order To Extend The Schedule.
6

WHEREAS, Liberty Mutual filed its Complaint on March 24, 2011 (Docket No. 1);

7 CAARP filed its answer and counterclaims on May 20, 2011 (Docket No. 11); and Liberty Mutual
8 filed its answer to CAARP's counterclaims on June 10, 2011 (Docket No. 13);
9

WHEREAS, on July 8, 2011, the Court, following a Case Management Conference, made a

10 Minute Entry (Docket No. 19), and on July 14, 2011, the Court entered a Pretrial Preparation Order
11 (Docket No. 22), which incorporated the deadlines set in the Court's Minute Entry;
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WHEREAS, the Parties have exchanged document productions and are in the initial phases

13 of scheduling depositions, and the Parties have concluded that they cannot complete depositions in
14 this case prior to the current non-expert discovery cutoff date of March 16, 2012;
15

WHEREAS, counsel for Liberty Mutual and CAARP have conferred and agreed upon

16 modifications to the Pretrial Preparation Order, subject to Court approval, that would enable them
17 to complete fact discovery in this action;
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WHEREAS, there have been no prior time modifications in this case relating to the any of

19 the events in the Court's Minute Entry on July 8, 2011 and the Pretrial Preparation Order;
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THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the undersigned as

21 follows:
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1.

The dates set in the Pretrial Preparation Order are modified as follows:
a.

JURY TRIAL DATE: Monday, February 4, 2013 at 9:00 a.m., Courtroom 7,
19th floor.

b.

NON-EXPERT DISCOVERY CUTOFF: May 25, 2012.

c.

DESIGNATION OF EXPERTS:
Plaintiff/Defendant: No later than June 22, 2012.
Plaintiff/Defendant: Rebuttal no later than July 6, 2012.
(With objections by September 7, 2012.)
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STIPULATION AND [PROPOSED]
ORDER MODIFYING THE CASE SCHEDULE

CASE NO.: 3:11-CV-01419-MMC

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d.
e.

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2.

FURTHER STATUS CONFERENCE: Friday, October 19, 2012 at 10:30 a.m.

i.

5

PRETRIAL CONFERENCE DATE: December 11, 2012 at 3:00 p.m.

h.

4

MEET AND CONFER (Civil L.R. 16-10(b)(5)):
Lead trial counsel shall meet and confer no later than November 5, 2012.

g.

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DISPOSITIVE MOTIONS shall be filed no later than September 7, 2012,
and shall be noticed for hearing 35 days thereafter.

f.

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EXPERT DISCOVERY CUTOFF: August 9, 2012.

FURTHER STATUS CONFERENCE STATEMENT DUE:
Friday, October 12, 2012.
The dates previously set for the above events are hereby vacated. All other dates set

10 forth in the Court's Minute Entry on July 8, 2011 and the Pretrial Preparation Order entered on July
11 14, 2011 shall remain unchanged.
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3.

This stipulation and proposed order is without prejudice to either party seeking a

13 further adjustment to the schedule.
14 DATED: February 16, 2012
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16

SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP

By:

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/s/ James R. Carroll
JAMES R. CARROLL
Attorney for Plaintiff/Counter-Defendant
LIBERTY MUTUAL INSURANCE COMPANY

DATED: February 16, 2012
FARELLA, BRAUN & MARTEL LLP

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By:

/s/ Carly O. Alameda
CARLY O. ALAMEDA
Attorney for Defendant/Counter-Claimant THE
CALIFORNIA AUTOMOBILE ASSIGNED RISK PLAN

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STIPULATION AND [PROPOSED]
ORDER MODIFYING THE CASE SCHEDULE

CASE NO.: 3:11-CV-01419-MMC

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2

ATTESTATION PURSUANT TO GENERAL ORDER 45
I, James R. Carroll, am the ECF User whose ID and password are being used to file this

3 Stipulation And Proposed Order. In compliance with General Order 45.X.B, I hereby attest that
4 the concurrence in the filing of this document has been obtained from each of the signatories. I
5 declare under penalty of perjury under the laws of the United States of America that the foregoing
6 is true and correct.
7

Executed this 16th day of February 2012, at Boston, Massachusetts.

8
/s/ James R. Carroll
JAMES R. CARROLL

By:

9

10 PURSUANT TO STIPULATION, IT IS SO ORDERED,

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11 DATED: February __, 2012
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By:

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Hon. Maxine M. Chesney

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STIPULATION AND [PROPOSED]
ORDER MODIFYING THE CASE SCHEDULE

CASE NO.: 3:11-CV-01419-MMC