Garner v. State Farm Mutual Automobile Insurance Company

Filing 102

ORDER re 100 granting STIPULATION Modifying Schedule. Motion Hearing set for 5/7/2009 02:00 PM.. Signed by Judge Claudia Wilken on 11/13/08. (scc, COURT STAFF) (Filed on 11/13/2008)

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Robert J. Nelson (State Bar No. 132797) Michael W. Sobol (State Bar No. 194857) Roger Heller (State Bar No. 215348) LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Embarcadero Center West 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] David M. Birka-White (State Bar No. 85721) [e-mail] Stephen Oroza (State Bar No. 84681) Thomas D. Hicks (State Bar No. 238545) BIRKA-WHITE LAW OFFICES The Danville Hotel 411 Hartz Avenue, Suite 200 Danville, CA 94526 Telephone: [phone] Facsimile: [phone] Jeffrey B. Cereghino (State Bar No. 99480) Steven R. Weinmann (State Bar No. 190956) BERDING & WEIL, LLP 3240 Stone Valley Road West Alamo, California 94507 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ARNESHA GARNER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ARNESHA M. GARNER, on behalf of herself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, et al., Defendants.

Case No. CV 08 1365 CW CLASS ACTION STIPULATION AND ORDER MODIFYING SCHEDULE Date: Time: Honorable Claudia Wilken

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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULE CASE NO. CV 08 1365 CW

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WHEREAS, the Court has previously set the following schedule for completion of the appraisal of Plaintiff's vehicle and briefing of the issues described below: 1. The parties were to complete the appraisal of Plaintiff's vehicle on or before

August 26, 2008; 2. Defendant is to file its motion for summary adjudication of the effectiveness of the

Total Loss Regulation and any motion to dismiss by November 20, 2008; 3. Plaintiff is to file her opposition to Defendant's motion(s), any cross-motion for

summary adjudication of the effectiveness of the Total Loss Regulation, and any motion to add a new plaintiff by December 4, 2008; 4. Defendant is to file its reply in support of its motion(s) and its opposition to

Plaintiff's cross-motion by December 18, 2008; 5. 6. Plaintiff is to file her reply in support of her cross-motions by January 8, 2009. The hearing on all motions is to be held on January 22, 2009.

WHEREAS, the parties will be in a position to brief summary adjudication of the effectiveness of the Total Loss Regulation on the schedule specified. WHEREAS, despite the parties' best efforts, they were unable to complete the appraisal by August 26, 2008 and anticipate that the appraisal process will not be completed until the first week of December 2008, approximately two weeks after Defendant's motion to dismiss based on the appraisal would be due under the current schedule. WHEREAS, under the current schedule counsel for Plaintiffs would have known whether or not Plaintiff had prevailed in the appraisal ­ and therefore whether a motion to add a new plaintiff would be necessary ­ more than three months before counsel were required to move to add a new class representative. WHEREAS, the delay in completion of the appraisal requires a modification of the current schedule to allow Defendant to file a motion to dismiss based on the results of the appraisal and Plaintiff's counsel the opportunity to locate an additional class representative if the appraisal should be resolved in Defendant's favor.

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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULE CASE NO. CV 08 1365 CW

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NOW, THEREFORE, pursuant to Local Rule 6-2, Plaintiff and Defendant, by and through their respective counsel, stipulate that: 1. The briefing schedule be modified as follows: a. The briefing schedule and hearing date for the parties' cross

motions for summary adjudication of the effectiveness of the Total Loss Regulation shall remain unchanged. b. dismiss is modified a follows: i. ii. Defendant will file its motion to dismiss by March 19, 2009. Plaintiff will file her opposition to Defendant's motion to The briefing schedule and hearing date for Defendant's motion to

dismiss and any motion to add additional class representatives by April 2, 2009. iii. Defendant will file its reply in support of its motion to

dismiss, and its opposition to Plaintiff's motion to add additional class representatives, by April 16, 2009. iv. Plaintiff will file her reply in support of her motion to add

additional class representatives by April 23, 2009. v. The hearing on Defendant's motion to dismiss and

Plaintiff's motion to add additional class representatives shall be held on May 7, 2008. 2. Plaintiff reserves the right to file a motion requesting permission to take

discovery from Defendant for the purpose of identifying potential additional class representatives after the third appraiser issues his opinion of value. Defendant reserves the right to oppose any such motion. STIPULATED TO AND AGREED:

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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULE CASE NO. CV 08 1365 CW

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DATED: November 11, 2008

LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP By:_/s/ Robert J. Nelson______________________ Robert J. Nelson Robert J. Nelson (State Bar No. 132797) Michael W. Sobol (State Bar No. 194857) Roger Heller (State Bar No. 215348) Embarcadero Center West 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone]

Attorneys for Plaintiff ARNESHA GARNER DATED: November 11, 2008 SEDGWICK, DETERT, MORAN & ARNOLD, LLP By: /s/ Kevin J. Dunne_______________________ Kevin J. Dunne Kevin J. Dunne Bruce D. Celebrezze Laura L. Goodman One Market Plaza Steuart Street Tower, 8th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

788148.2

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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULE CASE NO. CV 08 1365 CW

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ORDER Pursuant to the stipulation of the parties, and good cause appearing therefor, IT IS SO ORDERED this 13th day of November, 2008.

____________________________ CLAUDIA WILKEN United States District Judge

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STIPULATION AND [PROPOSED] ORDER MODIFYING SCHEDULE CASE NO. CV 08 1365 CW