Nationwide Mutual Insurance Company v. Ryan

Filing 42

STIPULATION AND ORDER re 41 STIPULATION WITH PROPOSED ORDER re: Requested Revisions to Court's Scheduling Order filed by Barbara Ryan, Donald V. Ryan. Discovery due by 9/30/2013. Expert Disclosures due by 9/30/2013. Expert Rebuttal due by 10/15/2013. Expert Discovery due by 10/31/2013. Dispositive Motions due by 11/27/2013. Pretrial Conference Statement due by 1/21/2014. Final Pretrial Conference set for 1/31/2014 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Jury Trial set for 2/18/2014 - 2/20/2014 at 8:30 AM in Courtroom 9, 19th Floor, San Francisco before Hon. Jon S. Tigar. Signed by Judge Jon S. Tigar on July 10, 2013. (wsn, COURT STAFF) (Filed on 7/10/2013)

1 LEWIS BRISBOIS BISGAARD WILSON, ELSER, MOSKOWITZ,
& SMITH LLP
EDELMAN & DECKER
John T. Burnite, Esq.
2 Julian J. Pardini, Esq.
SBN 133878
SBN 162223
525 Market Street, 17th Floor
3 Stephen J. Liberatore, Esq.
SBN 129772
San Francisco, CA 04105
Tel.: [phone]
4 333 Bush Street, Suite 1100
San Francisco, CA 94104
Fax: [phone]
5 Tel: [phone]
Fax: [phone]
6
Attorneys for Plaintiff/Counter-defendant
7 NATIONWIDE MUTUAL INSURANCE COMPANY
Marcus Daniel Merchasin, Esq.
8 LAW OFFICES OF JOHN C.
SBN 55927
MCCASLIN
Attorney and Counselor at Law
9 John C. McCaslin, Esq.
SBN 204983
582 Market Street, Suite 1400
San Francisco, CA 94104
10 P.O. Box 160023
Sacramento, CA 95816
Tel.: [phone]
Fax: [phone]
11 Tel.: [phone]
Fax: [phone]
12
Attorneys for Defendants/Counter-claimants
13 DONALD V. RYAN and BARBARA RYAN
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16
17 NATIONWIDE MUTUAL INSURANCE
COMPANY,
18
Plaintiff,
19
v.
20
DONALD V. RYAN, an individual, and
21 DOES 1 through 10,

Case No. 3:12-CV-5000-JST
STIPULATION and [PROPOSED] ORDER
re: REQUESTED REVISIONS TO
COURT’S SCHEDULING ORDER

Defendants.

22
23

24 AND RELATED COUNTER-CLAIM
25
26

Plaintiff NATIONWIDE MUTUAL INSURANCE COMPANY (hereinafter “Nationwide”)

27 and Defendants DONALD V. RYAN, BARBARA RYAN and MICHAEL RYAN (“the Ryans”),

LEWI
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BISGAAR
D

28 and collectively referred to hereinafter as “the Parties,” by and through their respective counsel,
1
STIPULATION and [PROPOSED] ORDER re: REQUESTED REVISIONS TO SCHEDULING ORDER
Case No. 3:12-CV-5000-JST
4845-2932-4308.1

1 hereby stipulate as follows:
2

RECITALS
1.

3

The Parties, by and through their respective counsel, attended the initial case

4 management conference on January 17, 2013, the Honorable William Alsup, Judge, presiding. As
5 a result of that conference, the Court issued the following scheduling order:
6

•

January 22, 2013:

Last day to make initial disclosures

7

•

February 28, 2013:

Last day to add new parties or amend pleadings

8

•

October 25, 2013:

Last day to serve list of issues on which expert
testimony will be offered

•

November 22, 2013: Non-expert discovery cut-off

•

November 22, 2013: Last day for disclosure of experts and expert reports

•

December 6, 2013:

•

December 13, 2013: Last day to submit expert reply reports

•

December 19, 2013: Last day to file motions for summary judgment

•

December 27, 2013: Expert discovery cut-off

•

February 10, 2014:

Final Pre-Trial Conference

•

February 18, 2014:

Trial (by jury)

9
10
11
12
13
14
15
16

Last day to submit rebuttal expert reports

17
2.

18

In reliance on the above-referenced scheduling order, the Parties postponed various

19 discovery efforts while they pursued and prepared for private mediation. That mediation took
20 place on April 30, 2013, with Vivien Williamson acting as mediator; the case did not settle. Since
21 that time, the Parties, by and through their respective counsel, have been cooperating in the effort
22 to set dates for the depositions of the Parties and percipient witnesses; some written discovery has
23 been propounded and further written discovery is anticipated, particularly in follow-up to the
24 depositions that will be taken. The effort to set deposition dates has taken into account the
25 summer holiday season as well as the professional calendars of counsel and the Parties are certain
26 that necessary depositions will be accomplished by the non-expert discovery cut-off date
27 originally set by the Court.

LEWI
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28 / / /
2
STIPULATION and [PROPOSED] ORDER re: REQUESTED REVISIONS TO SCHEDULING ORDER
Case No. 3:12-CV-5000-JST
4845-2932-4308.1

3.

1

On Friday, July 5, 2013, counsel for the Parties received the Court’s electronically-

2 sent minute order vacating the case management conference that had been scheduled for July 10
3 and noting that the Court had already set “appropriate deadlines” in the case.
4.

4

On Monday, July 8, at 9:40 a.m., counsel for the Parties received the Court’s

5 electronically-sent minute order confirming the dates set for non-expert discovery cut-off
6 (November 22), disclosure of expert witnesses (November 22), the deadline for filing motions for
7 summary judgment (December 19) and trial (February 18, 2014). The Court set a date of
8 January 28, 2014, for the submission of a proposed pretrial order and changed the date for the final
9 pre-trial conference to February 7, 2014.
5.

10

Then, later on Monday, July 8, at 1:13 p.m., counsel for the Parties received the

11 Court’s electronically-sent minute order that revised the scheduling order as follows:
12

•

August 16, 2013:

13

•

September 20, 2013: Last day for disclosure of experts and expert reports

14

•

October 4, 2013:

Last day to submit rebuttal expert reports

15

•

October 18, 2013:

Expert discovery cut-off

16

•

November 8, 2013:

Last day to file motions for summary judgment

17

•

January 21, 2014:

Last day to submit proposed pretrial order

18

•

January 31, 2014:

Final Pre-Trial Conference

19

•

February 18-20, 2014: Trial (by jury).

6.

20

Non-expert discovery cut-off

On Tuesday, July 9, counsel for Nationwide, with the approval of counsel for the

21 Ryans, placed a telephone call to Judge Tigar’s clerk, William Noble, who confirmed that the
22 second order issued on July 8 was not in error, but reflected the Judge Tigar’s conclusion that
23 certain dates previously set did not accommodate his calendar.
7.

24

The Parties, by and through their respective counsel, had relied on the deadlines

25 originally set by the Court and the new deadlines, particularly those made effective during the next
26 60 to 90 days present a hardship for the Parties, and for that reason, the Parties present the Court
27 with this Stipulation and Proposed Order.

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28 / / /
3
STIPULATION and [PROPOSED] ORDER re: REQUESTED REVISIONS TO SCHEDULING ORDER
Case No. 3:12-CV-5000-JST
4845-2932-4308.1

1

NOW, THEREFORE, the Parties, by and through their respective counsel of record, do

2 hereby stipulate as follows as request that the Court issue an order in accordance therewith:
3
4

STIPULATION
1.

The Parties, by and through their respective counsel request that the Court issue a

5 new scheduling order as follows:
6

•

September 30, 2013: Non-expert discovery cut-off

7

•

September 30, 2013: Last day for disclosure of experts and expert reports

8

•

October 15, 2013:

Last day to submit rebuttal expert reports

9

•

October 31, 2013:

Expert discovery cut-off

10

•

November 27, 2013: Last day to file motions for summary judgment

11

•

January 21, 2014:

Last day to submit proposed pretrial order

12

•

January 31, 2014:

Final Pre-Trial Conference

13

•

February 18-20, 2014: Trial (by jury).

14

2.

If the Court is unable to accommodate the Parties’ requested revisions to the

15 scheduling order, the Parties request that the Court re-schedule a case management conference so
16 that other adjustments may be made in the scheduling order.
17 Respectfully submitted,
18 DATED: July 9, 2013

LEWIS BRISBOIS BISGAARD & SMITH

LLP

19
By:

20
21
22
23

DATED: July 9, 2013

/s/ Stephen J. Liberatore
Julian J. Pardini
Stephen J. Liberatore
Attorneys for Plaintiff/Counter-defendant
NATIONWIDE MUTUAL INSURANCE COMPANY

WILSON, ELSER, MOSKOWITZ, EDELMAN & DECKER

24
25

By:

26
27

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/s/ John T. Burnite
John T. Burnite
Attorneys for Plaintiff/Counter-defendant
NATIONWIDE MUTUAL INSURANCE COMPANY

28
4
STIPULATION and [PROPOSED] ORDER re: REQUESTED REVISIONS TO SCHEDULING ORDER
Case No. 3:12-CV-5000-JST
4845-2932-4308.1

1 DATED: July 9, 2013

LAW OFFICES OF JOHN C. MCCASLIN

2
By:

/s/ John C. McCaslin
John C. McCaslin
Attorney for Defendant
DONALD V. RYAN

By:

3

/s/ Marcus Daniel Merchasin
Marcus Daniel Merchasin
Attorney for Defendant
DONALD V. RYAN

4
5
6 DATED: July 9, 2013
7
8
9
10

ORDER

11

Based on the foregoing stipulation of the Parties and their proposed revisions to the

12 Court’s scheduling order, and finding good cause therefor,
13

THE COURT HEREBY ORDERS AND DECREES that the Court’s order be and

14 hereby is, REVISED to reflect the dates stipulated to by the Parties, as follows:
15

•

September 30, 2013: Non-expert discovery cut-off

16

•

September 30, 2013: Last day for disclosure of experts and expert reports

17

•

October 15, 2013:

Last day to submit rebuttal expert reports

18

•

October 31, 2013:

Expert discovery cut-off

19

•

November 27, 2013: Last day to file motions for summary judgment

20

•

January 21, 2014:

Last day to submit proposed pretrial order

21

•

January 31, 2014:

Final Pre-Trial Conference

22

•

February 18-20, 2014: Trial (by jury)

23

IT IS SO ORDERED.

24 DATED: July 10, 2013
25
26
John S. Tigar, United Stated District Judge
United States District Court
Northern District of California

27

LEWI
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5
STIPULATION and [PROPOSED] ORDER re: REQUESTED REVISIONS TO SCHEDULING ORDER
Case No. 3:12-CV-5000-JST
4845-2932-4308.1