Alexander v. Nationwide Life Insurance Company

Filing 38

ORDER re 37 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 Wilkn on 10/5/2010. (ndr, COURT STAFF) (Filed on 10/5/2010)

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 initially established June 25, 2010, as the

deadline for completion of expert witness discovery. The parties jointly requested that the Court

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

extend the deadline for completion of expert witness discovery to October 12, 2010, to which the Court agreed. 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. The Defendant's Motion For Summary Judgment was heard by this Court on August 5, 2010 and was taken under submission by the Court. The Court has not yet issued its decision. 4. Due to scheduling conflicts, the parties were unable to schedule the deposition

of Plaintiff's expert until October 21, 2010. 5. Because Defendant has not yet had the opportunity to take the deposition of

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 15 days following the date upon which Defendant conducts the deposition of Plaintiff's expert witness. 6. The parties further request that the deadline for the completion of expert

discovery be extended until December 1, 2010 to permit time for the following: (a) the deposition of Plaintiff's expert witness; (b) Plaintiff's review Defendant's rebuttal expert's written report to be submitted 15 days following the date upon which Defendant conducts the deposition of Plaintiff's expert witness; and, (c) the deposition of Defendant's rebuttal expert. 7. The parties stipulate that the foregoing schedule for expert discovery will not

prejudice their ability to prepare for trial. Dated: October 4, 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
2.
(Case No. C-09-01677 CW)

Dated: October 4, 2010

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

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

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.

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:97825241.1 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 December 1,

Defendant's rebuttal expert witness is extended to 15 days following the date upon which Defendant conducts the deposition of Plaintiff's expert witness. IT IS SO ORDERED. Dated this 5th day of October, 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)