Patel, DDS v. American Economy Insurance Company et al

Filing 29

STIPULATION AND ORDER re 28 STIPULATION WITH PROPOSED ORDER Extending Time to Complete Depositions Noticed Prior to the Current Non-Expert Discovery Cut-Off Date and to Amend Case Management Order as to Dates for Expert Disclosures. Signed by Judge William H. Orrick on 07/30/2013. (jmdS, COURT STAFF) (Filed on 7/30/2013)

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Attorneys for Defendants
AMERICAN ECONOMY INSURANCE
COMPANY, GOLDEN EAGLE INSURANCE
CORPORATION and SAFECO INSURANCE
COMPANY OF AMERICA

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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PAMELA E. COGAN (SBN 105089)
TINO XUAN DO (SBN 221346)
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]

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MARCUS DANIEL MERCHASIN (SBN 55927)
582 Market Street, Suite 1400
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
STEVEN FRANKLYN HELFAND (SBN 206667)
582 Market Street, Suite 1400
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorneys for Plaintiff
NAMRATA C. PATEL, DDS

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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NAMRATA C. PATEL, DDS,

CASE NO. C12-04719 WHO

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Plaintiff,
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v.
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AMERICAN ECONOMY INSURANCE
COMPANY; GOLDEN EAGLE
INSURANCE CORPORATION; SAFECO
INSURANCE COMPANY OF AMERICA
and DOES 1 THROUGH 50, INCLUSIVE,

STIPULATION AND ORDER
EXTENDING TIME TO COMPLETE
DEPOSITIONS NOTICED PRIOR TO THE
CURRENT NON-EXPERT DISCOVERY
CUT-OFF DATE AND TO AMEND CASE
MANAGEMENT ORDER AS TO DATES
FOR EXPERT DISCLOSURES
Honorable William H. Orrick

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Defendants.
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RC1/7064293.1/TXD

STIP.AND ORDER TO EXTEND DATE TO COMPLETE
DEPOS NOTICED BEFORE DISC. CUT-OFF AND
EXPERT DISCL. DATES,. C12-4719 WHO

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This Stipulation is hereby entered into between Plaintiff NAMRATA C. PATEL, DDS

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(hereafter “Plaintiff”) and Defendants AMERICAN ECONOMY INSURANCE COMPANY,

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GOLDEN EAGLE INSURANCE CORPORATION and SAFECO INSURANCE COMPANY

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OF AMERICA (hereafter collectively “Defendants”) (Plaintiff and Defendants are collectively

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referred to herein as “the Parties”).

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The Parties stipulate by and through their respective counsel of record as follows:

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1. Per the Case Management Scheduling Order issued by Judge Seeborg on December
13, 2012, the deadline to complete non-expert discovery was July 19, 2013. The Parties have

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been diligently conducting discovery including by way of a site inspection and testing, oral

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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depositions and written discovery, but due to the witness and schedules of both counsel and the

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trial schedule of plaintiff’s counsel, there remain depositions to complete that were initially

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noticed prior to the close of non-expert discovery.

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2. Counsel for Plaintiff is presently in trial in the matter of Kole, Inc. v. Hitek

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Automotive, Inc. (Case No. 1 12 CV 228674) pending before the Honorable Kenneth P. Barnum

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in the Superior Court of the State of California for the County of Santa Clara. The case was

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originally set for July 10, 2013 and then continued by the court to July 22, 2013. Plaintiffs’

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counsel reasonably anticipated the trial shall be completed by August 15, 2013.

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3. Counsel for Defendants will be out of state for pre-planned, pre-paid vacation from

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August 12 through August 16, 2013 and August 23 through September 3, 2013. Additionally, the

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corporate designee for the Rule 30(b)(6) depositions Plaintiff noticed will be out on medical leave

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following surgery from August 9, 2013 until September 2013.

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4. To allow time to complete the outstanding depositions and any discovery motions

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related to discovery already served in light of the above scheduling conflicts, the Parties agree to

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extend the non-expert discovery cut-off up to and including September 20, 2013.

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5. As the outstanding discovery is reasonably anticipated to effect the Parties’ respective

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expert designations and their opinions, the Parties further agree to extend the deadline to make

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initial expert designations and disclosures in accordance with Fed. R. Civ. P., Rule 26(a)(2) up to

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and including October 4, 2013 and further agree to extend the deadline to designate supplemental
-2RC1/7064293.1/TXD

STIP.AND ORDER TO EXTEND DATE TO COMPLETE
DEPOS NOTICED BEFORE DISC. CUT-OFF AND
EXPERT DISCL. DATES,. C12-4719 WHO

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and rebuttal experts in accordance with Fed. R. Civ. P., Rule 26(a)(2) up to and including October

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18, 2013.

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6. No other dates set by the Case Management Scheduling Order and adopted by Judge
Orrick’ orders will be affected by the continuance of the dates agreed to in this stipulation.

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Dated: July 29, 2013

ROPERS, MAJESKI, KOHN & BENTLEY

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By: /s/ Pamela E. Cogan.
PAMELA E. COGAN
TINO X. DO
Attorneys for Defendants
AMERICAN ECONOMY INSURANCE
COMPANY, GOLDEN EAGLE
INSURANCE CORPORATION and
SAFECO INSURANCE COMPANY OF
AMERICA

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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Dated: July 29, 2013

MARCUS DANIEL MERCHASIN

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By: /s/ Marcus D. Merchasin
MARCUS DANIEL MERCHASIN
Attorney for Plaintiff
NAMRATA C. PATEL, DDS

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Dated: July 29, 2013

STEVEN FRANKLYN HELFAND

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By: /s/ Steven F. Helfand
STEVEN FRANKLYN HELFAND
Attorney for Plaintiff
NAMRATA C. PATEL, DDS

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ORDER

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Pursuant to stipulation, IT IS HEREBY ORDERED that:

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1.
The non-expert discovery cut-off date is extended to September 30, 2013, but only
to complete depositions or file discovery motions for discovery served prior to July 19, 2013.

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2.
The date for initial expert disclosures pursuant to Federal Rules of Civil Procedure
26(a)(2) is continued to October 4, 2013.

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3.
The date for supplemental and rebuttal expert disclosures pursuant to Federal
Rules of Civil Procedure 26(a)(2) is continued to October 18, 2013.

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-3RC1/7064293.1/TXD

STIP.AND ORDER TO EXTEND DATE TO COMPLETE
DEPOS NOTICED BEFORE DISC. CUT-OFF AND
EXPERT DISCL. DATES,. C12-4719 WHO

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4.
All other dates set by the December 13, 2012 Case Management Scheduling Order
remain unchanged. The Case Management Conference set for August 8, 2013 remains on
calendar. The parties shall file a Joint Case Management Statement by August 1, 2013.

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IT IS SO ORDERED.
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DATED: July 30, 2013
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__________________________________________
HON. WILLIAM H. ORRICK, III
UNITED STATES DISTRICT JUDGE

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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-4RC1/7064293.1/TXD

STIP.AND ORDER TO EXTEND DATE TO COMPLETE
DEPOS NOTICED BEFORE DISC. CUT-OFF AND
EXPERT DISCL. DATES,. C12-4719 WHO