Alexander v. Nationwide Life Insurance Company

Filing 25

ORDER re 24 Granting Stipulation EXTENDING TIME FOR EXPERT DISCOVERY AND DISCLOSURE OF FRCP 26(a)(2)(B) REPORT BY DEFENDANT'S REBUTTAL EXPERT WITNESS. Signed by Judge Claudia Wilken on 6/24/2010. (ndr, COURT STAFF) (Filed on 6/24/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LITTLER MENDELSON
A PROFESSIONAL CORPORATION 650 California Street 20th Floor San Francisco, CA 94108.2693 415.433.1940

THEODORA R. LEE, Bar No. 129892 RACHELLE L. WILLS, Bar No. 257471 LITTLER MENDELSON A Professional Corporation 650 California Street 20th Floor San Francisco, CA 94108.2693 Telephone: [phone] Attorneys for Defendant NATIONWIDE LIFE INSURANCE COMPANY MICHAEL E. ADAMS, Bar No. 47278 LAW OFFICES OF MICHAEL E. ADAMS 702 Marshall St., Ste. 300 Redwood City, CA 94063 Telephone: [phone] Attorneys for Plaintiff ELIZABETH ALEXANDER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ELIZABETH ALEXANDER, Plaintiff, v. NATIONWIDE LIFE INSURANCE COMPANY, DOES 1 through 50, inclusive, Defendant. Case No. C-09-01677 CW STIPULATION AND ORDER EXTENDING TIME FOR EXPERT DISCOVERY AND DISCLOSURE OF F.R.C.P. 26(a)(2)(B) REPORT BY DEFENDANT'S REBUTTAL EXPERT WITNESS Assigned Judge: Hon. Claudia Wilken Trial Date: January 10, 2011

IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their respective counsel, as follows: 1. The Court's August 17, 2009 Order established June 25, 2010, as the deadline

for completion of expert witness discovery.

STIP. AND [PROPOSED] ORDER RE: EXPERT DISCOVERY DEADLINES

(Case No. C-09-01677 CW)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LITTLER MENDELSON
A PROFESSIONAL CORPORATION 650 California Street 20th Floor San Francisco, CA 94108.2693 415.433.1940

2. 3.

The trial in this matter is scheduled to begin on January 10, 2011. Defendant Nationwide Life Insurance Company filed its Motion for Summary

Judgment on June 17, 2010, which is scheduled to be heard by this Court on June 22, 2010. 4. In response to Plaintiff's April 20, 2010 discovery requests, Defendant

provided Plaintiff with additional information regarding Plaintiff's compensation on May 20, 2010. 5. Pursuant to Federal Rule of Civil Procedure 26(a)(2)(C)(ii), the date upon

which Defendant is required to disclose its rebuttal expert witness report is June 24, 2010. 6. Defendant's counsel, Theodora R. Lee, has a trial and scheduled business trips

during the month of August 2010. 7. Because Defendant's motion for summary judgment requesting dismissal of

Plaintiff's Complaint is scheduled to be heard on July 22, 2010, because Plaintiff desires additional time for her expert to examine the additional compensation records produced by Defendant in May 2010, and because of Ms. Lee's August 2010 work schedule, the parties wish to extend the deadline for expert discovery until October 15, 2010. 8. Because Defendant has not yet had the opportunity to depose Plaintiff's expert

witness, the parties agree that the deadline for service of the Rule 26(a)(2)(B) written report by Defendant's rebuttal expert should be extended to 10 days following the date upon which Defendant conducts the deposition of Plaintiff's expert witness. 9. No prior extension of time to disclose expert reports or extend expert

discovery has been requested or granted. 10. October 15, 2010. The parties request that the deadline for expert discovery be extended until

STIP. AND [PROPOSED] ORDER RE: EXPERT DISCOVERY DEADLINES

2.

(Case No. C-09-01677 CW)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LITTLER MENDELSON
A PROFESSIONAL CORPORATION 650 California Street 20th Floor San Francisco, CA 94108.2693 415.433.1940

11.

The parties further request that the deadline for the service of the Rule

26(a)(2)(B) written report by Defendant's rebuttal expert be extended to 10 days following the date upon which Defendant conducts the deposition of Plaintiff's expert witness. Dated: June 23, 2010 /s/ Theodora R. Lee THEODORA R. LEE LITTLER MENDELSON, P.C. Attorneys for Defendant NATIONWIDE LIFE INSURANCE COMPANY /s/ Michael E. Adams MICHAEL E. ADAMS LAW OFFICES OF MICHAEL E. ADAMS Attorneys for PLAINTIFF ELIZABETH ALEXANDER Filer's Attestation: I, Theodora R. Lee, am the ECF user whose identification and password are being used to file this STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR EXPERT DISCOVERY AND DISCLOSURE OF F.R.C.P. 26(a)(2)(B) REPORT BY DEFENDANT'S REBUTTAL EXPERT WITNESS. In compliance with General Order 45.X.B, I hereby attest that Michael E. Adams concurs in this filing.

Dated: June 23, 2010

By:

/s/ Theodora R. Lee_______________________ THEODORA R. LEE

STIP. AND [PROPOSED] ORDER RE: EXPERT DISCOVERY DEADLINES

3.

(Case No. C-09-01677 CW)

1 2 3 4 5 6 7 8 9 10 11 12
Firmwide:96056615.1 050511.1047

ORDER 1. 2010. 2. The deadline for the service of the Rule 26(a)(2)(B) written report by The deadline for completion of expert discovery is extended to October 15,

Defendant's rebuttal expert witness is extended to 10 days following the date upon which Defendant conducts the deposition of Plaintiff's expert witness. IT IS SO ORDERED. Dated this 24th day of June, 2010

THE HONORABLE CLAUDIA WILKEN

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LITTLER MENDELSON
A PROFESSIONAL CORPORATION 650 California Street 20th Floor San Francisco, CA 94108.2693 415.433.1940

STIP. AND [PROPOSED] ORDER RE: EXPERT DISCOVERY DEADLINES

4.

(Case No. C-09-01677 CW)