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

Filing 57

ORDER by Judge Saundra Brown Armstrong Granting ((55) in case 4:12-cv-04307-SBA; (17) in case 4:13-cv-00464-SBA; (24) in case 4:13-cv-00463-SBA ) Stipulation. (ndr, COURT STAFF) (Filed on 11/14/2013)

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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
AMENDED JOINT STIPULATION FOR CONTINUANCE OF ALL PRE-TRIAL DATES AND 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
AMENDED JOINT STIPULATION FOR
CONTINUANCE OF ALL PRE-TRIAL
DATES AND TRIAL DATES; 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
AMENDED JOINT STIPULATION FOR CONTINUANCE OF All PRE-TRIAL DATES AND 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:

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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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

Mandatory settlement conference:


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

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States District Court for the Northern District of California, Case No. 12-cv-4307-

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SBA: Between February 24, 2014 and March 21, 2014


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Ernst v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0463-SBA:

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Between February 24, 2014 and March 21, 2014


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Ernst, et al. v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0464-SBA:

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Between March 3, 2014 and March 21, 2014

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

Pre-trial preparation:

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DOCS/18064347v1

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



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

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States District Court for the Northern District of California, Case No. 12-cv-4307-

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SBA: March 25, 2014


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Ernst v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0463-SBA:

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March 25, 2014


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Ernst, et al. v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0464-SBA:

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March 24, 2014

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

Pre-trial conference:


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

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States District Court for the Northern District of California, Case No. 12-cv-4307-

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SBA: April 29, 2014


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Ernst v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0463-SBA:

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April 29, 2014


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Ernst, et al. v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0464-SBA:

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April 28, 2014

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

Motions in limine and objections to evidence:


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

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States District Court for the Northern District of California, Case No. 12-cv-4307-

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SBA: April 1, 2014

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

Ernst v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0463-SBA:

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April 1, 2014

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DOCS/18064347v1

-4-12-CV-4307 SBA, 13-CV-0463 SBA, 13-CV-0464 SBA
AMENDED JOINT STIPULATION FOR CONTINUANCE OF All PRE-TRIAL DATES AND TRIAL DATES; [PROPOSED]
ORDER



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Ernst, et al. v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0464-SBA:

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March 31, 2014

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

Responses to motions in limine and objections to evidence:


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

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States District Court for the Northern District of California, Case No. 12-cv-4307-

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SBA: April 8, 2014
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Ernst v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0463-SBA:

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April 8, 2014


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Ernst, et al. v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0464-SBA:

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April 7, 2014

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Replies to motions in limine and objections to evidence:


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

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States District Court for the Northern District of California, Case No. 12-cv-4307-

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SBA: April 15, 2014
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Ernst v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0463-SBA:

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April 15, 2014
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Ernst, et al. v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0464-SBA:

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April 14, 2014

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

Trial:


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

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States District Court for the Northern District of California, Case No. 12-cv-4307-

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SBA: May 12, 2014

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DOCS/18064347v1

-5-12-CV-4307 SBA, 13-CV-0463 SBA, 13-CV-0464 SBA
AMENDED JOINT STIPULATION FOR CONTINUANCE OF All PRE-TRIAL DATES AND TRIAL DATES; [PROPOSED]
ORDER

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

Ernst v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0463-SBA:

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May 12, 2014

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

Ernst, et al. v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0464-SBA:

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May 28, 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 actions have agreed to participate in a mediation with Hon. Jack Komar (Ret.),

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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 all deadlines identified herein (and any others

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identified by the Court) should be continued by approximately thirty days in order to allow the

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parties to postpone all of the depositions until after mediation;

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WHEREAS, the parties previously submitted a joint stipulation to continue certain

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pretrial deadlines (ECF No. 54 in Valdez, et al. v. The Travelers Indemnity Company of

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Connecticut, et al., United States District Court for the Northern District of California, Case No.

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12-cv-4307-SBA);

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DOCS/18064347v1

WHEREAS, the parties understand that the Court does not wish to continue only certain
pre-trial deadlines, and would prefer to continue all pre-trial and trial dates;
WHEREAS, the parties now seek a continuance of all pre-trial and trial dates mentioned
above, as well as any others identified by the Court, by approximately thirty days;
-6-12-CV-4307 SBA, 13-CV-0463 SBA, 13-CV-0464 SBA
AMENDED JOINT STIPULATION FOR CONTINUANCE OF All PRE-TRIAL DATES AND TRIAL DATES; [PROPOSED]
ORDER

STIPULATION

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

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1.

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sued as The Travelers Insurance Company1), The Travelers Indemnity Company, and Travelers
Property and Casualty Company of America (collectively, “Travelers”), by and through its
counsel of record Benjamin E. Shiftan of Sedgwick LLP;
2.

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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:
The following dates previously set by order of the Court be continued and modified in

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

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

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Defendants The Travelers Indemnity Company of Connecticut (also erroneously

each of the above-captioned actions as follows:


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The deadline for completing non-expert discovery shall be continued to January 20,
2014 or any date thereafter that the Court orders.

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

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The deadline for plaintiffs to designate experts shall be continued to January 20, 2014 or
any date thereafter that the Court orders.

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

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The deadline for defendants to designate experts shall be continued to January 20, 2014
or any date thereafter that the Court orders.

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

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The deadline for plaintiffs and defendants to designate rebuttal experts shall be continued
to February 3, 2014 or any date thereafter that the Court orders.

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

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The deadline for completing expert discovery shall be continued to February 24, 2014 or
any date thereafter that the Court orders.

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

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The deadline for dispositive motions to be heard shall be continued to March 28, 2014 or
any date thereafter that the Court orders.

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

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The deadline for mandatory settlement conferences shall be continued to between March
24, 2014 and April 21, 2014 or any dates thereafter that the Court orders.

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DOCS/18064347v1

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The purported entity “The Travelers Insurance Company” does not exist.
-7-12-CV-4307 SBA, 13-CV-0463 SBA, 13-CV-0464 SBA

AMENDED JOINT STIPULATION FOR CONTINUANCE OF All PRE-TRIAL DATES AND TRIAL DATES; [PROPOSED]
ORDER

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

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thereafter that the Court orders.


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

The deadline for responses to motions in limine and objections to evidence shall be
continued to May 8, 2014 or any date thereafter that the Court orders.



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The deadline for motions in limine and objections to evidence shall be continued to May
1, 2014 or any date thereafter that the Court orders.

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The pre-trial conference shall be continued to May 29, 2014 or any date thereafter that
the Court orders.

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The deadline for pre-trial preparation shall be continued to April 25, 2014 or any date

The deadline for replies to motions in limine and objections to evidence shall be
continued to May 15, 2014 or any date thereafter that the Court orders.



Trial in Valdez, et al. v. The Travelers Indemnity Company of Connecticut, et al., United

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States District Court for the Northern District of California, Case No. 12-cv-4307-SBA

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shall be continued from May 12, 2014 to June 16, 2014 or any date thereafter that the

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Court orders;

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

Trial in Ernst v. The Travelers Indemnity Company of Connecticut, et al., United States

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District Court for the Northern District of California, Case No. 13-cv-0463-SBA: shall be

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continued from May 12, 2014 to June 16, 2014 or any date thereafter that the Court

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orders

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

Trial in Ernst, et al. v. The Travelers Indemnity Company of Connecticut, et al., United

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States District Court for the Northern District of California, Case No. 13-cv-0464-SBA

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shall be continued from May 28, 2014 to June 30, 2014 or any date thereafter that the

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Court orders.

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

Any other pre-trial or trial dates in the above-referenced matters that are not mentioned

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herein but identified by the Court shall be continued for 30 days or longer to any date the

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Court orders.

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IT IS SO STIPULATED.

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DOCS/18064347v1

-8-12-CV-4307 SBA, 13-CV-0463 SBA, 13-CV-0464 SBA
AMENDED JOINT STIPULATION FOR CONTINUANCE OF All PRE-TRIAL DATES AND TRIAL DATES; [PROPOSED]
ORDER

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DATED: November 13, 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 13, 2013

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

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By:

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DATED: November 13, 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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By:

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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.

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

ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: November 14 2013
__,

________________________________________________
HONORABLE SAUNDRA BROWN ARMSTRONG
United States District Court Judge

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DOCS/18064347v1

-9-12-CV-4307 SBA, 13-CV-0463 SBA, 13-CV-0464 SBA
AMENDED JOINT STIPULATION FOR CONTINUANCE OF All PRE-TRIAL DATES AND TRIAL DATES; [PROPOSED]
ORDER