Garner v. State Farm Mutual Automobile Insurance Company

Filing 187

ORDER re 186 granting AGREED EXCHANGE OF EXPERT DISCLOSURES. Signed by Judge Claudia Wilken on 8/4/09. (scc, COURT STAFF) (Filed on 8/4/2009)

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SEDGWICK, DETERT, MORAN & ARNOLD LLP KEVIN J. DUNNE Bar No. 40030 LAURA L. GOODMAN Bar No. 142689 MICHELLE Y. MCISAAC Bar No. 215294 ANDREW J. KING Bar No. 253962 One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP KATHERINE ARMSTRONG (pro hac vice) Four Times Square New York, NY 20036 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP ROBERT J. NELSON Bar No. 132797 MICHAEL W. SOBOL Bar No. 194857 ROGER HELLER Bar No. 215348 Embarcadero Center West 275 Battery Street, 30th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] BIRKA-WHITE LAW OFFICES DAVID M. BIRKA-WHITE Bar No. 85721 411 Hartz Avenue, Suite 200 Danville, California 94526 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., Defendant. Arnesha Garner ("Plaintiff") and State Farm Mutual Automobile Insurance Company ("Defendant"), collectively referred to herein as the "Parties," by and through their attorneys of record, hereby stipulate as follows: CASE NO. CV 08 1365 CW (EMC) AGREED ORDER RE: EXCHANGE OF EXPERT DISCLOSURES

-1[PROPOSED] AGREED ORDER RE: EXCHANGE OF EXPERT DISCLOSURES

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WHEREAS, on May 12, 2009, this Court entered an order providing that Defendant was to disclose any expert witnesses it intended to rely upon in opposition to class certification on August 3, 2009, and plaintiff would identify any rebuttal experts by August 10, 2009; WHEREAS, by letter dated July 6, 2009, the parties agreed that they would simultaneously exchange opening reports of class certification experts on August 3, 2009, with rebuttal reports, if any, to be simultaneously exchanged on August 10, 2009; WHEREAS, Plaintiff has requested an extension of the deadline for opening reports to August 17, 2009, and Defendant does not oppose this request; WHEREAS, in light of the foregoing, the parties hereby stipulate to and petition the Court to enter the following Order: 1. If either party will offer expert testimony in support of or opposition to class

certification, such expert must be disclosed on or before August 17, 2009. The disclosure must be accompanied by a report pursuant to Federal Rule of Civil Procedure 26. 2. 3. Rebuttal expert reports, if any, must be provided by August 24, 2009. The remaining deadlines established by the Court's order of May 12, 2009,

remain the same. DATED: July 29, 2009 SEDGWICK, DETERT, MORAN & ARNOLD LLP

By:

_/s/ Laura L. Goodman___________ Laura L. Goodman Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

DATED: July 29, 2009

BIRKA-WHITE LAW OFFICES

By: /s/ David M. Birka-White (with permission) David M. Birka-White Attorneys for Plaintiff ARNESHA GARNER

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ORDER PURSUANT TO STIPULATION, and good cause appearing therefor, IT IS SO ORDERED.

THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

-3[PROPOSED] AGREED ORDER RE: EXCHANGE OF EXPERT DISCLOSURES