Carpenter et al v. Amazon.Com, Inc.

Filing 37

STIPULATION AND ORDER re 36 STIPULATION WITH PROPOSED ORDER to Continue Trial and Related Dates filed by David Carpenter. Fact discovery cutoff 10/30/2018. Deadline to file dispositive motions 10/30/2018. Expert disclosures 11/1 3/2018. Expert rebuttal 11/30/2018. Expert discovery cutoff 12/18/2018. Pretrial conference statement date 2/11/2019. Final Pretrial Conference set for 2/22/2019 at 2:00 PM in Oakland, Courtroom 2, 4th Floor. Jury Trial set for 3/4/2019 at 8:30 AM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on March 1, 2018. (wsn, COURT STAFF) (Filed on 3/1/2018)

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WALKUP, MELODIA, KELLY & SCHOENBERGER

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KHALDOUN A. BAGHDADI (State Bar #190111)
5 [e-mail]
VALERIE N. ROSE (State Bar #272566)
6 [e-mail]
7 BRENDAN M. KUNKLE (State Bar #173292)
[e-mail]
8 ABBEY WEITZENBERG WARREN &EMERY PC
100 Stony Point Road, Suite 200
9 Santa Rosa, CA 95401
P: [phone]
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11 ATTORNEYS FOR PLAINTIFFS

DAVID CARPENTER, KIM CARPENTER,

12 INDIVIDUALLY AND AS NEXT FRIEND OF C.
C., A MINOR, AND KIM AGRELLA, TRUSTEE

13 OF THE CARPENTER FAMILY TRUST
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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17 DAVID CARPENTER, KIM
CARPENTER, individually and as next
18 friend of C. C., a minor, and KIM
AGRELLA, trustee of THE
19 CARPENTER FAMILY TRUST,

Case No. 3:17-cv-03221-JST

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The Hon. Jon S. Tigar

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Plaintiffs,
v.

22 AMAZON.COM, INC., a corporation,
and DOES ONE through TWENTY,
23 inclusive,
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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE TRIAL AND
ALL RELATED DATES

Action Filed:
Trial Date:

June 5, 2017
Unassigned

Defendants.

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To the Honorable Court:

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The parties to this action, as well as the parties to the related case of State

28 Farm General Insurance Company v. Amazon.com, Inc. (Case No. 3:18-cv-006241

STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND ALL RELATED DATES –
CASE NO. 3:17-cv-03221-JST

1 MEJ), hereby stipulate and request as follows:
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1.

The parties to this action have been working diligently and

3 cooperatively to complete discovery and prepare for trial.
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2.

On February 6, 2018, this Court found that the above-mentioned State

5 Farm case was related to the instant case because the actions concern substantially
6 the same parties, property and accident.
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3.

Continuing the trial date and all related dates would enable all parties

8 to streamline and coordinate the discovery process, and would allow State Farm an
9 adequate period of time conduct discovery prior to trial.1
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4.

Accordingly, the parties request the following dates be continued

11 pursuant to the proposed deadlines outlined below:
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Event

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Current Deadline

Proposed Deadline

Fact discovery cutoff

March 30, 2018

October 30, 2018

Deadline to file
dispositive motions

March 30, 2018

October 30, 2018

Expert disclosures

April 13, 2018

November 13, 2018

Expert rebuttal

April 30, 2018

November 30, 2018

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Expert discovery cutoff May 18, 2018

December 18, 2018

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July 10, 2018

February 11, 2019

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Pretrial conference
statement date

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Pretrial conference

July 20, 2018 at 2:00 p.m.

February 20, 2019 at 2:00 p.m.

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Trial

July 30, 2018 at 8:30 a.m.

March 4, 2019 at 8:30 a.m.

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Like State Farm, Nationwide Insurance Company has asserted a lien relating to
28 the house fire giving rise to this action. The parties have inquired whether
Nationwide intends litigate this matter, but have not received a response.
WALKUP, MELODIA, KELLY
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& SCHOENBERGER
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND ALL RELATED DATES
CASE NO. 3:17-cv-03221-JST

1 SO STIPULATED.
2 Dated: February 28, 2018

W ALKUP , M ELODIA , K ELLY & S CHOENBERGER

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By:

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Dated: February 28, 2018

/s/
KHALDOUN A. BAGHDADI
VALERIE N. ROSE
Attorneys for Plaintiffs
DAVID CARPENTER, KIM CARPENTER,
INDIVIDUALLY AND AS NEXT FRIEND
OF C. C., A MINOR, AND KIM AGRELLA,
TRUSTEE OF THE CARPENTER FAMILY
TRUST

L E CLAIR R YAN

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By:

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/s/
CHARLES HORN
FELICIA P. JAFFERIES
Attorneys for Defendants
AMAZON.COM, INC.

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17 Dated: February 28, 2018

P ILLEMER & P ILLEMER

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By:

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/s/
DAVID B. PILLEMER
ROBIN F. GENCHEL
Attorneys for STATE FARM GENERAL
INSURANCE COMPANY

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WALKUP, MELODIA, KELLY
& SCHOENBERGER

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND ALL RELATED DATES
CASE NO. 3:17-cv-03221-JST

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ATTORNEY ATTESTATION

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I, VALERIE N. ROSE, attest that concurrence in the filing of this document

3 has been obtained from any signatures indicated by a “ conformed” signature (/s/)
4 within this e-filed document. I declare under penalty of perjury that the foregoing is
5 true and correct.
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8 Dated:

___________________________________________
VALERIE N. ROSE

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[PROPOSED] ORDER

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Having considered the stipulated request of the parties, the Court orders as

12 follows:
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1.

Good cause having been shown, and in light of the stipulation of the

14 parties, the trial date of July 30, 2018 and all related dates are hereby vacated.
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2.

The Court hereby sets the following case deadlines:

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Event

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Deadline

Fact discovery cutoff

October 30, 2018

Deadline to file dispositive motions

October 30, 2018

Expert disclosures

November 13, 2018

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Expert rebuttal

November 30, 2018

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Expert discovery cutoff

December 18, 2018

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Pretrial conference statement date
Pretrial conference

February 11, 2019
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February 20, 2019 at 2:00 p.m.

Trial

March 4, 2019 at 8:30 a.m.

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WALKUP, MELODIA, KELLY
& SCHOENBERGER

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND ALL RELATED DATES
CASE NO. 3:17-cv-03221-JST

1 IT IS SO ORDERED.
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3 Dated: March 1, 2018
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___________________________________________
THE HONORABLE JON S. TIGAR
Judge of the United States District Court

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WALKUP, MELODIA, KELLY
& SCHOENBERGER

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND ALL RELATED DATES
CASE NO. 3:17-cv-03221-JST