Midwest Transport, Inc. v. FCE Benefit Administrators, Inc.

Filing 68

ORDER re 67 granting as modified STIPULATION Amending Scheduling Order. Further Case Management Conference set for 9/10/2009 02:00 PM. Motion Hearing set for 9/10/2009 02:00 PM.. Signed by Judge Claudia Wilken on 3/25/09. (scc, COURT STAFF) (Filed on 3/25/2009)

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Michael L. Smith, State Bar No. 160305 Madonna A. Herman, State Bar No. 221747 MANNING & MARDER KASS, ELLROD, RAMIREZ LLP One California Street, Suite 1100 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Cross-Complainant, CALIFIA DEVELOPMENT CORP. dba CDC INSURANCE SERVICES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

MIDWEST TRANSPORT, INC., a Delaware Corporation,

) ) ) Plaintiff, ) ) vs. ) ) FCE BENEFIT ADMINISTRATORS, INC., a ) California Corporation, ) ) and ) ) CALIFIA DEVELOPMENT CORP., d/b/a CDC ) INSURANCE SERVICES, a California Corporation, ) ) Defendants. ) ) __________________________________________ ) ) AND RELATED CROSS-ACTION(s). ) __________________________________________ )

Case No.: 4:07-cv-04408-CW STIPULATION AND ORDER AMENDING SCHEDULING ORDER AS MODIFIED Complaint Filed: August 27, 2007 Hon. Claudia Wilken

COME NOW, (1) Plaintiff, MIDWEST TRANSPORT, INC.; (2) Defendant/Cross-Defendant, FCE BENEFIT ADMINISTRATORS, INC.; and (3) Defendant/Cross-Complainant, CALIFIA DEVELOPMENT CORP. dba CDC INSURANCE SERVICES; and file this Stipulation requesting the Court to enter an Agreed Amended Scheduling Order in this case and as grounds therefore, would show the Court as follows: -1_____________________________Do_um_nts_and_Settings\Workstation\Local ______________________________ C:\ _ c _ e _ _ _____________ Settings\Temp\notes95EC0B\StipAmendSchedulingOrder.wpd
STIPULATION AND ORDER AMENDING SCHEDULING ORDER

1.

At the time the Agreed Scheduling Order was entered, the parties' initial disclosures had

not been fully produced. 2. Since that time the parties have produced voluminous records involving hundreds of

health insurance claims, have exchanged and responded to written interrogatories, and following the teleconference with the Court ADR Administrator, at his recommendation have agreed to participate in a Mediation on May 4, 2009 before scheduling party and witness depositions in light of the time, effort, cost and expense in completing depositions discussed in paragraph 3 of this Stipulation and Proposed Order. 3. Discovery is partially complicated by the fact that parties and material witnesses are

located in multiple states including Missouri, Texas, Southern California, Illinois and possibly many others. The parties will need to determine whether local manager's depositions will be necessary to fully evaluate all claims and defenses at issue in this action. Depositions of numerous parties and witnesses are expected and the parties are coordinating with regard to both dates and locations. The nature, scope and complexity of the issues in this case, combined with these widespread locations of percipient parties and witnesses, many thousands of pages of documents and files combined with the significant number of parties and witnesses to be deposed militate towards an extension of the Case Management Order deadlines. 4. Based on the foregoing, all parties strongly move the court to extend the current deadline

set out in the Scheduling Order entered on March 28, 2008. The proposed revisions do not request any extension or revisions to the original pre-trial conference or original trial date. The parties jointly and unanimously move that the attached Proposed Amended Agreed Scheduling Order submitted by all parties be entered by the Court. 5. This motion is not made for purpose of delay, but so that justice may be done. All

parties unanimously agree that a reasonable extension is necessary based upon numerous issues including some of which are set out above. /// /// ///

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STIPULATION AND ORDER AMENDING SCHEDULING ORDER

ITEM

ORIGINAL DATE

REVISED DATE

Close of Fact Discovery ADR Deadline Disclosure of Experts: MTI Disclosure MTI Depositions CDC/FCE Disclosure CDC/FCE Depositions Dispositive Motion Hearing Pretrial Conference Trial

03/23/2009 02/16/2009 07/01/2009 08/03/2009 08/17/2009 09/17/2009 05/07/2009 11/24/2009 12/07/2009

07/31/2009 07/31/2009 08/03/2009 09/02/2009 09/16/2009 10/16/2009 09/19/2009 Same Same

Dated: March ___, 2009

MANNING & MARDER KASS, ELLROD, RAMIREZ LLP By:

Michael L. Smith Madonna A. Herman

Attorneys for Defendant and CrossComplainant, CALIFIA DEVELOPMENT CORP. dba CDC INSURANCE SERVICES

Dated: March ___, 2009

CARMODY MACDONALD, P.C.

By:

David P. Stoerberl

Attorneys for Plaintiff, MIDWEST TRANSPORT, INC.

Dated: March ___, 2009

DLA PIPER US LLP By:

Carter W. Ott

Dated: March ___, 2009

Attorneys for Plaintiff, MIDWEST TRANSPORT, INC. FILICE, BROWN, EASSA & MCLEOD, LLP

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STIPULATION AND ORDER AMENDING SCHEDULING ORDER

By:

/ S / Sabrina Karels Robert D. Eassa Sabrina Karels

Attorneys for Defendant and CrossDefendant, FCE BENEFIT ADMINISTRATORS, INC.

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STIPULATION AND ORDER AMENDING SCHEDULING ORDER

ORDER FOR GOOD CAUSE SHOWN, the Court grants the parties' request for modification of the March 28, 2008 Scheduling Order as follows:
ITEM REVISED DATE

Close of Fact Discovery ADR Deadline Disclosure of Experts: MTI Disclosure CDC/FCE Disclosure Deposition of Experts: MTI Depositions CDC/FCE Depositions Dispositive Motion Hearing and FCMC Pretrial Conference Trial IT IS SO ORDERED: Dated: 3/25/2009

07/31/2009 07/31/2009 08/03/2009 09/16/2009 09/02/2009 10/16/2009 09/10/2009 11/24/2009 12/07/2009

The Honorable Claudia Wilken

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STIPULATION AND ORDER AMENDING SCHEDULING ORDER