Valdez et al v. The Travelers Indemnity Company of Connecticut et al

Filing 54

ORDER by Judge Saundra Brown Armstrong Denying 49 Stipulation. (ndr, COURT STAFF) (Filed on 11/8/2013)

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BRUCE D. CELEBREZZE (BAR NO. 102181)
[e-mail]
NICHOLAS J. BOOS (BAR NO. 233399)
[e-mail]
BENJAMIN E. SHIFTAN (BAR NO. 265767)
[e-mail]
SEDGWICK LLP
333 Bush Street, 30th Floor
San Francisco, CA 94104-2834
Telephone:
415.781.7900
Facsimile:
415.781.2635
Attorneys for Defendants
THE TRAVELERS INDEMNITY COMPANY OF
CONNECTICUT, also erroneously sued as THE
TRAVELERS INSURANCE COMPANY; THE
TRAVELERS INDEMNITY COMPANY; and
TRAVELERS PROPERTY AND CASUALTY
COMPANY OF AMERICA

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MATTHEW R. LILLIGREN (BAR NO. 246991)
[e-mail]
ABBEY, WEITZENBERG, WARREN & EMERY, P.C.
100 Stony Point Rd #200
Santa Rosa, CA 95401
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
ULISES VALDEZ; VALDEZ & SONS VINEYARD
MANAGEMENT, A CALIFORNIA CORPORATION
PETER SIMON (BAR NO. 178393)
[e-mail]
BEYERS | COSTIN LLP
200 Fourth Street
Santa Rosa, CA 95402
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
DEBRA ERNST and WILLIAM ERNST
[CAPTION CONTINUED ON NEXT PAGE]

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DOCS/18064347v1

-1-12-CV-4307 SBA, 13-CV-0463 SBA, 13-CV-0464 SBA
JOINT STIPULATION FOR CONTINUANCE OF CERTAIN PRE-TRIAL DATES; [PROPOSED] ORDER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ULISES VALDEZ; VALDEZ & SONS
VINEYARD MANAGEMENT, A
CALIFORNIA CORPORATION,

Case No. 12-CV-4307 SBA
JOINT STIPULATION FOR
CONTINUANCE OF CERTAIN PRETRIAL DATES; [PROPOSED] ORDER

Plaintiffs,
v.
THE TRAVELERS INDEMNITY COMPANY
OF CONNECTICUT; THE TRAVELERS
INDEMNITY COMPANY; TRAVELERS
PROPERTY AND CASUALTY COMPANY
OF AMERICA; AND THE TRAVELERS
INSURANCE COMPANY,
Defendants.

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WILLIAM ERNST,

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Plaintiff,

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Case No. 13-CV-0463 SBA

v.

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THE TRAVELERS INDEMNITY COMPANY
OF CONNECTICUT, THE TRAVELERS
PROPERTY CASUALTY COMPANY OF
AMERICA, and THE TRAVELERS
INSURANCE COMPANY,
Defendants.
DEBRA ERNST AND WILLIAM ERNST,

Case No. C-13-CV-0464 SBA

Plaintiffs,
v.
THE TRAVELERS INDEMNITY COMPANY
OF CONNECTICUT, THE TRAVELERS
PROPERTY CASUALTY COMPANY OF
AMERICA, and THE TRAVELERS
INSURANCE COMPANY,
Defendants.

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DOCS/18064347v1

-2-12-CV-4307 SBA, 13-CV-0463 SBA, 13-CV-0464 SBA
JOINT STIPULATION FOR CONTINUANCE OF CERTAIN PRE-TRIAL DATES; [PROPOSED] ORDER

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WHEREAS, the court in each of the three above-captioned related actions –Valdez, et

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al. v. The Travelers Indemnity Company of Connecticut, et al., United States District Court for

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the Northern District of California, Case No. 12-cv-4307-SBA, Ernst v. The Travelers

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Indemnity Company of Connecticut, et al., United States District Court for the Northern

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District of California, Case No. 13-cv-0463-SBA, and Ernst, et al. v. The Travelers Indemnity

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Company of Connecticut, et al., United States District Court for the Northern District of

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California, Case No. 13-cv-0464-SBA – through its Order for Pretrial Preparation issued on

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June 27, 2013 (ECF 44), Order for Pretrial Preparation issued on June 27, 2013 (ECF 23), and

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Consolidated Order for Pretrial Preparation issued on October 28, 2013 (ECF 16), respectively,

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set the following deadlines, among others:

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•

Non-expert discovery completion: December 20, 2013

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•

Plaintiffs’ designation of experts: December 20, 2013

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•

Defendants’ designation of experts: December 20, 2013

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•

Rebuttal disclosure of experts: January 3, 2014

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Expert discovery completion: January 24, 2014

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Dispositive motion cut-off: February 18, 2014

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WHEREAS, the parties have been engaged in discovery in each of the three above-

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captioned actions, including written discovery, requests for production, third party document

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subpoenas, and depositions;

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WHEREAS, the parties continue to be engaged in discovery, and need to take
numerous additional depositions, some of which pertain to all three related actions;
WHEREAS, based on the discovery to date, and in part to potentially avoid the

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necessity of taking many of the numerous additional depositions, the parties to the above-

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captioned Valdez, et al. v. The Travelers Indemnity Company of Connecticut, et al. action have

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agreed to participate in a mediation on November 19, 2013 with Hon. Jack Komar (Ret.), and

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the plaintiffs in the related Ernst, et al. v. The Travelers Indemnity Company of Connecticut, et

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al. actions may also participate in that mediation or a separate mediation with The Travelers

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Indemnity Company of Connecticut;

DOCS/18064347v1

-3-12-CV-4307 SBA, 13-CV-0463 SBA, 13-CV-0464 SBA
JOINT STIPULATION FOR CONTINUANCE OF CERTAIN PRE-TRIAL DATES; [PROPOSED] ORDER

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WHEREAS, the parties wish to postpone most or all of the depositions until after the

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mediation, such that those depositions are only necessary if the cases do not resolve by

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mediation;

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WHEREAS, the parties agree that the pretrial deadlines identified herein should be

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continued by approximately thirty days in order to allow the parties to postpone most or all of

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the depositions until after mediation;

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WHEREAS, the parties are not seeking a continuance of the trial dates in the above-

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captioned actions, which trial dates are May 12, 2014, May 12, 2014, and May 28, 2014,

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respectively;

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WHEREAS, the parties are only seeking a continuance of those dates identified below;

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STIPULATION

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NOW THEREFORE, it is agreed and stipulated by and between:

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Defendants The Travelers Indemnity Company of Connecticut (also erroneously

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sued as The Travelers Insurance Company 1), The Travelers Indemnity Company, and Travelers

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Property and Casualty Company of America (collectively, “Travelers”), by and through its

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counsel of record Benjamin E. Shiftan of Sedgwick LLP;

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2.

through their counsel of record Matthew R. Lilligren of Abbey, Weitzenberg, Warren & Emery;

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3.

Plaintiffs William Ernst and Debra Ernst, by and through their counsel of record

Peter L. Simon, of Beyers Costin, P.C., that:

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Plaintiffs Ulises Valdez and Valdez & Sons Vineyard Management, by and

The following dates previously set by order of the Court be continued and modified in
each of the above-captioned actions as follows:
•

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The deadline for completing non-expert discovery shall be continued from December 20,
2013 to January 20, 2014.

•

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The deadline for plaintiffs to designate experts shall be continued from December 20,
2013 to January 20, 2014.

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DOCS/18064347v1

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The purported entity “The Travelers Insurance Company” does not exist.
-4-12-CV-4307 SBA, 13-CV-0463 SBA, 13-CV-0464 SBA
JOINT STIPULATION FOR CONTINUANCE OF CERTAIN PRE-TRIAL DATES; [PROPOSED] ORDER

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•

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2013 to January 20, 2014.
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The deadline for plaintiffs and defendants to designate rebuttal experts shall be continued
from January 3, 2014 to February 3, 2014.

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The deadline for defendants to designate experts shall be continued from December 20,

The deadline for completing expert discovery shall be continued from January 24, 2014
to February 24, 2014.

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The deadline for dispositive motions to be heard shall be continued from February 28,

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2014 to March 28, 2014.

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IT IS SO STIPULATED.

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DATED: November __, 2013

SEDGWICK LLP

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By:

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/s/ Benjamin E. Shiftan
Benjamin E. Shiftan
Attorneys for Defendants
THE TRAVELERS INDEMNITY COMPANY OF
CONNECTICUT, also erroneously sued as THE
TRAVELERS INSURANCE COMPANY; THE
TRAVELERS INDEMNITY COMPANY; and
TRAVELERS PROPERTY AND CASUALTY
COMPANY OF AMERICA

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DATED: November __, 2013

ABBEY, WEITZENBERG, WARREN & EMERY, P.C.

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By:

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DATED: November __, 2013

/s/ Matthew R. Lilligren
Matthew R. Lilligren
Attorneys for Plaintiffs
ULISES VALDEZ; VALDEZ & SONS VINEYARD
MANAGEMENT, A CALIFORNIA CORPORATION

BEYERS | COSTIN LLP

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DOCS/18064347v1

By:

/s/ Peter Simon
Peter Simon
Attorneys for Plaintiffs
DEBRA ERNST and WILLIAM ERNST

Filer’s Attestation: Pursuant to Civil Local Rule 5-1(i)(3) regarding signatures, Benjamin E.
Shiftan hereby attests that concurrence in the filing of this document has been obtained.
-5-12-CV-4307 SBA, 13-CV-0463 SBA, 13-CV-0464 SBA
JOINT STIPULATION FOR CONTINUANCE OF CERTAIN PRE-TRIAL DATES; [PROPOSED] ORDER

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ORDER
Stipulation is DENIED.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: November __, 2013

________________________________________________
HONORABLE SAUNDRA BROWN ARMSTRONG
United States District Court Judge

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DOCS/18064347v1

-6-12-CV-4307 SBA, 13-CV-0463 SBA, 13-CV-0464 SBA
JOINT STIPULATION FOR CONTINUANCE OF CERTAIN PRE-TRIAL DATES; [PROPOSED] ORDER