Gary Martinovsky, et al v. County of Alameda et al

Filing 78

ORDER APPROVING REVISED STIPULATION TO EXTEND DISCOVERY DEADLINES AND CONTINUE TRIAL DATE. The deadlines in the instant action are continued as follows: (1) the non-expert discovery cutoff is continued to December 18, 2017; (2) the deadline to disclose experts is continued to January 15, 2018; (3) the deadline to disclose rebuttal experts is continued to January 25, 2018; (4) the expert discovery cutoff is continued to February 15, 2018; (5) the last day to file dispositive motions is continued to March 1, 2018; (6) the pretrial conference is continued to May 22, 2018; and (7) the trial date is continued to June 11, 2018. Signed by Judge Maxine M. Chesney on 07/07/17. (mmclc2, COURT STAFF) (Filed on 7/7/2017)

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Michael C. Wenzel, State Bar No. 215388
Jashoda K. Kashyap, State Bar No. 295391
BERTRAND, FOX, ELLIOT, OSMAN & WENZEL
The Waterfront Building
2749 Hyde Street
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Defendant
JOHN PAUL WILLIAMS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
GARY MARTINOVSKY, M.D., and
INTEGRATED PAIN CARE, INC.,

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Case No. 3:16-cv-00403-MMC
REVISED STIPULATION TO EXTEND
DISCOVERY DEADLINES AND CONTINUE
TRIAL DATE; [PROPOSED] ORDER

Plaintiffs,
v.
DA INSPECTOR JOHN PAUL WILLIAMS,
CALIFORNIA DEPARTMENT OF
INSURANCE DETECTIVE FERNANDO
CUBANGBANG, and DOES 1 to 20,
Defendants.

Hon. Maxine M. Chesney

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STIPULATION

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IT IS HEREBY STIPULATED AND REQUESTED BY the parties to the above-captioned

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matter that all pretrial dates in this matter be continued by ninety (90) days and that the trial date be

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continued from March 5, 2018 to June 11, 2018, or a date thereafter that is convenient to the Court.

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By Order dated March 13, 2017, a Settlement Conference before Magistrate Judge Laurel Beeler

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was scheduled for July 26, 2017. Plaintiff’s counsel is set for trial in the matter of Rivera v. City of

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Ontario, C.D. Cal. Case No. 16-CV-1618-JFW-KK, which is scheduled to commence on July 25, 2017

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for a four-day jury trial. Additionally, the third-party administrator representative for JP WILLIAMS is

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unavailable to attend the settlement conference due to a pre-scheduled vacation. Finally, the parties wish
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STIPULATION TO EXTEND DISCOVERY DEADLINES AND CONTINUE TRIAL DATE; [PROPOSED] ORDER

US District Court Case No. 3:16-cv-00403-MMC

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to complete certain limited key discovery prior to the settlement conference, and said discovery has been

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delayed due to scheduling conflicts.

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Attorneys for WILLIAMS notified Magistrate Judge Beeler’s clerk that there was a conflict and

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requested other dates for the conference. In response, Magistrate Judge Beeler issued an Order

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scheduling a conference call with the parties for June 15, 2017. (Docket No. 74.) During the conference,

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the parties and Court selected October 24, 2017 for a settlement conference, subject to this Court’s

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approval of this stipulation.

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Following the conference, Judge Beeler issued a minute order, (Docket No. 75), stating the
following:
The parties developed a conflict with the settlement conference that the court set
previously in July. The court thus had a settlement conference call and now sets the case
for 10/24/2017. The court offered earlier dates, but this is the earliest date that worked for
everyone’s schedule.

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The continuance of dates requested herein will permit the parties to conduct discovery in order to

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meaningfully participate in a settlement conference, and will permit time to complete remaining

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necessary after the settlement conference in the event that the parties do not reach an agreement at the

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settlement conference.

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For the reasons set forth above, the parties respectfully request that this Court continue all
previously-set dates (as contained in Docket No. 70) as follows:
Event

Current Dates

Proposed Dates

Non-Expert Discovery Cutoff

9/18/2017

12/18/2017

Expert Disclosures

10/16/2017

1/15/2018

Disclosure of Rebuttal Experts

10/27/2017

1/25/2018

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Expert Discovery Cutoff

11/17/2017

2/15/2018

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Last Day to File Dispositive Motions

12/1/2017

3/1/2018

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Pretrial Conference

2/20/2018

5/22/2018

Trial

3/5/2018

6/11/2018

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STIPULATION TO EXTEND DISCOVERY DEADLINES AND CONTINUE TRIAL DATE; [PROPOSED] ORDER

US District Court Case No. 3:16-cv-00403-MMC

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The parties respectfully request that the Court approve this stipulation and incorporate its terms in
an Order.
IT IS SO STIPULATED.

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Dated: July 6, 2017

BERTRAND, FOX, ELLIOT, OSMAN & WENZEL

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By:

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/s/ Michael Wenzel
Michael C. Wenzel
Attorneys for Defendant
JOHN PAUL WILLIAMS

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Dated: July 6, 2017

ATTORNEY GENERAL OF CALIFORNIA

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By:

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/s/ John Devine
John Devine
Attorneys for Defendant
FERNANDO CUBANGBANG

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Dated: July 6, 2017

THE LAW OFFICES OF JOHN BURTON

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By:

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/s/ John Burton
John Burton
Attorneys for Plaintiffs
GARY MARTINOVSKY, M.D., and INTEGRATED
PAIN CARE, INC.

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ATTORNEY ATTESTATION

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a

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conformed signature (“/s/”) within this E-filed document or have been authorized by all parties to show

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their signature on this document as /s/.

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Dated: July 6, 2017

By:

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/s/ Michael Wenzel
Michael C. Wenzel

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STIPULATION TO EXTEND DISCOVERY DEADLINES AND CONTINUE TRIAL DATE; [PROPOSED] ORDER

US District Court Case No. 3:16-cv-00403-MMC

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ORDER
GOOD CAUSE APPEARING THEREFORE, and the parties’ having stipulated to the same, the
parties’ stipulation is hereby APPROVED. The Court orders the following deadlines:

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Event

Date

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Non-Expert Discovery Cutoff

12/18/2017

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Expert Disclosures

1/15/2018

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Disclosure of Rebuttal Experts

1/25/2018

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Expert Discovery Cutoff

2/15/2018

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Last Day to File Dispositive Motions

3/1/2018

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Pretrial Conference

5/22/2018

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Trial

6/11/2018

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IT IS SO ORDERED.

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Dated: July 7, 2017
Maxine M. Chesney
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION TO EXTEND DISCOVERY DEADLINES AND CONTINUE TRIAL DATE; [PROPOSED] ORDER

US District Court Case No. 3:16-cv-00403-MMC