Edd King et al v. National General Insurance Company et al

Filing 266

ORDER granting 263 Joint Stipulation to Extend the Deadline to File a Joint Discovery Letter on the Issue of Policyholder Data and to Amend the Scheduling Order: See Order for all deadlines extended by the court. Signed by Chief Magistrate Judge Donna M. Ryu on 3/14/23. (ig, COURT STAFF) (Filed on 3/14/2023).

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

MICHAEL F. RAM, SBN 104805
[e-mail]
MARIE N. APPEL, SBN 187483
[e-mail]
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
JEFFREY B. CEREGHINO, SBN 99480
[e-mail]
CEREGHINO LAW GROUP LLP
649 Mission Street, Floor 5
San Francisco, CA 94105
Telephone: [phone]

SANFORD L. MICHELMAN, ESQ. (SBN 179702)
[e-mail]
DAVID F. HAUGE, ESQ. (SBN 128294)
[e-mail]
MARC R. JACOBS, ESQ. (SBN 185924)
[e-mail]
MICHELMAN & ROBINSON, LLP
10880 Wilshire Boulevard, 19th Floor
Los Angeles, CA 90024
Tel: [phone]
Fax: [phone]

MONA Z. HANNA, ESQ. (SBN 131439)
[e-mail]
VINCENT S. LOH, ESQ. (SBN 238410)
[e-mail]
MICHELMAN & ROBINSON, LLP
17901 Von Karman Avenue, 10th Floor
W. CRAIG BASHEIN, Admitted Pro Hac Vice Irvine, CA 92614
JOHN P. HURST, Admitted Pro Hac Vice
Tel: [phone]
BASHEIN & BASHEIN CO., L.P.A.
Fax: [phone]
Terminal Tower
35th Floor, 50 Public Square
Attorneys for the NG Defendants
Cleveland, Ohio 44113
Telephone: [phone]
Attorneys for Plaintiffs and Proposed Class

16

UNITED STATES DISTRICT COURT

17

FOR THE NORTHERN DISTRICT OF CALIFORNIA

18
19

EDD KING, DIEDRE KING, and ELMO
SHEEN, SHEILA LEE, on behalf of themselves
and all others similarly situated,

20
21
22
23
24
25
26
27
28

Plaintiffs,
v.
NATIONAL GENERAL INSURANCE
COMPANY, NATIONAL GENERAL
ASSURANCE COMPANY, INTEGON
NATIONAL INSURANCE COMPANY,
INTEGON PREFERRED INSURANCE
COMPANY, MIC GENERAL INSURANCE
CORPORATION, PERSONAL EXPRESS
INSURANCE COMPANY, SEQUOIA
INSURANCE COMPANY, and DOES 1
through 200, inclusive,

Case No.: 4:15-cv-00313-DMR
Hon. Donna M. Ryu
JOINT STIPULATION TO EXTEND THE
DEADLINE TO FILE A JOINT
DISCOVERY LETTER ON THE ISSUE OF
POLICYHOLDER DATA AND TO
AMEND THE SCHEDULING ORDER;
[PROPOSED] ORDER

$6
02',),('

Complaint Filed: January 22, 2015

Defendants.
JOINT STIPULATION TO EXTEND THE DEADLINE TO FILE A JOINT DISCOVERY LETTER ON THE
ISSUE OF POLICYHOLDER DATA AND TO AMEND THE SCHEDULING ORDER; ____________
[PROPOSED] ORDER

1

TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

2

Pursuant to Federal Rule of Civil Procedure 6(b) and Civil Local Rules 6-1(b), 7-12, and 16-

3

2, Plaintiffs EDD KING, DIEDRE KING, ELMO SHEEN, and SHEILA LEE (collectively

4

hereinafter “Plaintiffs”), Defendants NATIONAL GENERAL INSURANCE COMPANY (“NGIC”),

5

NATIONAL GENERAL ASSURANCE COMPANY (“NGAC”), INTEGON NATIONAL

6

INSURANCE COMPANY (“INIC”), INTEGON PREFERRED INSURANCE COMPANY

7

(“IPIC”), MIC GENERAL INSURANCE CORPORATION (“MIC”), and PERSONAL EXPRESS

8

INSURANCE COMPANY (“PEIC”) (collectively hereinafter the “NG Defendants”), and SEQUOIA

9

INSURANCE COMPANY (“Sequoia”) hereby do jointly stipulate and agree, by and through their

10

counsel of record, as follows (Plaintiffs, the NG Defendants, and Sequoia are hereinafter collectively

11

referred to as the “Parties”):

12

1.

WHEREAS, on February 9, 2023, the Court issued its Civil Law and Motion Minute

13

Order (Dkt. #251) (“February 9 Order”), which issued rulings on the four joint discovery letter briefs

14

filed on December 22, 2022 (Dkt. ##239-242), and Plaintiffs’ Motion for Order Continuing Case

15

Management Dates and Allowing Additional Depositions (Dkt. #244);

16

2.

WHEREAS, regarding the Fourth Joint Discovery Letter (Dkt. #251), the February 9

17

Order ordered, inter alia, as follows: (1) Plaintiffs and the NG Defendants were to “meaningfully

18

meet and confer regarding policyholder data for 2011 forward”; (2) the NG Defendants were to

19

“provide Plaintiffs with basic information about the data exists, as well as where and how it is kept”;

20

(3) Plaintiffs were permitted to “take Rule 30(b)(6) deposition(s) of [the NG Defendants] regarding

21

these issues before seeking production of the actual policyholder datasets” and (4) If any disputes

22

remained “as to the burden on [the NG Defendants] to produce this data, [Plaintiffs and the NG

23

Defendants could] file a joint discovery letter on that issue by no later than 3/13/23.”

24

3.

WHEREAS, pursuant to the February 9 Order, Plaintiffs and the NG Defendants met

25

and conferred on February 15, 2023 regarding Plaintiffs’ requests for information pertaining to the

26

policy systems, policy data available, agent information, and agent information available;

27
28
1
JOINT STIPULATION TO EXTEND THE DEADLINE TO FILE A JOINT DISCOVERY LETTER ON THE
____________
ISSUE OF POLICYHOLDER DATA AND TO AMEND THE SCHEDULING ORDER; [PROPOSED] ORDER

1

4.

WHEREAS, pursuant to the February 9 Order, the NG Defendants provided Plaintiffs

2

with basic information about the data exists, as well as where and how it is kept, in an email dated

3

February 22, 2023;

4
5
6
7
8

5.

WHEREAS, pursuant to the February 9 Order, on March 7, 2023, Plaintiffs took a

30(b)(6) deposition regarding the foregoing data issues;
6.

WHEREAS, on March 10, 2023, Plaintiffs and the NG Defendants met and conferred

again regarding the foregoing data issues but are now at an impasse;
7.

WHEREAS, to allow Plaintiffs and the NG Defendants sufficient time to brief the

9

issues related to the alleged burden on the NG Defendants to produce the foregoing data, Plaintiffs

10

and the NG Defendants have agreed to extend the deadline to file a joint discovery letter brief on the

11

issue of policyholder data from March 13, 2023 to March 17, 2023;

12
13
14

8.

WHEREAS, this is the first request by the Parties to extend the briefing deadline on

the foregoing data issues;
9.

WHEREAS, regarding the Third Joint Discovery Letter (Dkt. #251), the February 9

15

Order ordered Plaintiffs and the NG Defendants to “meaningfully meet and confer with respect to

16

the depositions of Doug Hanes, Brenda Castellanos, and Byron Storms” (the “Apex Depositions”);

17

10.

WHEREAS, Plaintiffs and the NG Defendants have met and conferred regarding the

18

Apex Depositions and, as a result, have reached mutual agreement on the time limits and parameters

19

of their depositions such that their depositions will proceed;

20
21
22

11.

WHEREAS, in order to accommodate the schedules of the witnesses involved, the

Apex Depositions cannot be completed by the current fact discovery cut-off date of April 3, 2023;
12.

WHEREAS, the Parties agree the discovery deadline and all subsequent deadlines in

23

the scheduling order should be extended by 30 days in order to complete the fact depositions already

24

noticed or requested (including the Apex Depositions) and the Rule 30(b)(6) depositions of the NG

25

Defendants.

26
27

NOW, THEREFORE, IT IS HEREBY STIPULATED, subject to Court approval, that the
below deadlines be extended as follows:

28
2
JOINT STIPULATION TO EXTEND THE DEADLINE TO FILE A JOINT DISCOVERY LETTER ON THE
____________
ISSUE OF POLICYHOLDER DATA AND TO AMEND THE SCHEDULING ORDER; [PROPOSED] ORDER

1
2
3
4
5
6
7
8
9
10
11
12

Event
Deadline to file joint discovery letter on the
issue of policyholder data

Current Date

Proposed Date

3/13/2023

3/17/2023

Close of fact discovery

4/3/2023

5/3/2023

File class certification motion

5/8/2023

6/8/2023

Opposition to class certification motion

6/29/2023

7/29/2023

Reply re class certification

8/14/2023

9/14/2023

Plaintiffs’ expert witness disclosure

8/17/2023

9/17/2023

Defendants’ expert witness disclosure

9/14/2023

10/14/2023

Rebuttal expert disclosures due

10/12/2023

11/12/2023

Expert discovery cutíoff

12/14/2023

1/14/2024

2/8/2024

3/8/2024

Last day for hearing dispositive motions

13
14
15
16

Dated: March 12, 2023

Respectfully Submitted,
By:

/s/ Michael F. Ram
.
Michael F. Ram, SBN 104805
[e-mail]
Marie N. Appel, SBN 187483
[e-mail]
Morgan & Morgan
Complex Litigation Group
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]

17
18
19
20
21
22
23

Jeffrey B. Cereghino, SBN 99480
[e-mail]
CEREGHINO LAW GROUP LLP
649 Mission Street, Floor 5
San Francisco, CA 94105
Telephone: [phone]

24
25
26
27
28
3

JOINT STIPULATION TO EXTEND THE DEADLINE TO FILE A JOINT DISCOVERY LETTER ON THE
____________ ORDER
ISSUE OF POLICYHOLDER DATA AND TO AMEND THE SCHEDULING ORDER; [PROPOSED]

W. Craig Bashein, Esq. (admitted pro hac vice)
[e-mail]
John P. Hurst, Esq. (admitted pro hac vice)
[e-mail]
BASHEIN & BASHEIN CO., L.P.A.
Terminal Tower, 35th Floor
50 Public Square
Cleveland, Ohio 44113
Telephone: [phone]
Facsimile: [phone]

1
2
3
4
5
6

Attorneys for Plaintiffs and Proposed Class

7
8

Dated: March 12, 2023

Respectfully Submitted,

9
10

By:

/s/ Marc R. Jacobs
.
Sanford L. Michelman, Esq. (SBN 179702)
[e-mail]
David F. Hauge, Esq. (SBN 128294)
[e-mail]
Marc R. Jacobs, Esq. (SBN 185924)
[e-mail]
MICHELMAN & ROBINSON, LLP
10880 Wilshire Boulevard, 19th Floor
Los Angeles, CA 90024
Tel: [phone]
Fax: [phone]

11
12
13
14
15
16
17

Mona Z. Hanna, Esq. (SBN 131439)
[e-mail]
Vincent S. Loh, Esq. (SBN 238410)
[e-mail]
MICHELMAN & ROBINSON, LLP
17901 Von Karman Avenue, Suite 1000
Irvine, CA 92614
Tel: [phone]
Fax: [phone]

18
19
20
21
22

Attorneys for Defendants
NATIONAL GENERAL INSURANCE
COMPANY, NATIONAL GENERAL
ASSURANCE COMPANY, INTEGON
NATIONAL INSURANCE COMPANY,
INTEGON PREFERRED INSURANCE
COMPANY, MIC GENERAL INSURANCE
CORPORATION, and PERSONAL EXPRESS
INSURANCE COMPANY

23
24
25
26
27
28
4

JOINT STIPULATION TO EXTEND THE DEADLINE TO FILE A JOINT DISCOVERY LETTER ON THE
____________
ISSUE OF POLICYHOLDER DATA AND TO AMEND THE SCHEDULING ORDER; [PROPOSED] ORDER

1
2

Dated: March 12, 2023

Respectfully Submitted,
By:

/s/ Tamiko A. Dunham .
Tamiko A. Dunham, Esq. (SBN 233455)
[e-mail]
Alison V. Lippa, Esq. (SBN 160807)
[e-mail]
NICOLAIDES FINK THORPE
MICHAELIDES SULLIVAN LLP
101 Montgomery Street, Suite 2300
San Francisco, CA 94104
Tel: [phone]

By:

/s/ James Boland
.
James Boland, Esq. (admitted pro hac vice)
[e-mail]
Verona Sandberg, Esq. (admitted pro hac vice)
[e-mail]
FREEBORN & PETERS LLP
311 South Wacker Drive, Suite 3000
Chicago, IL 60606
Tel: [phone]

3
4
5
6
7
8
9
10
11
12
13

Attorneys for Defendant
SEQUOIA INSURANCE COMPANY

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5

JOINT STIPULATION TO EXTEND THE DEADLINE TO FILE A JOINT DISCOVERY LETTER ON THE
ISSUE OF POLICYHOLDER DATA AND TO AMEND THE SCHEDULING ORDER; ____________
[PROPOSED] ORDER

1

ATTESTATION

2

I, Marc R. Jacobs, am the ECF user whose identification and password are being used to file

3

this Joint Stipulation and [Proposed] Order. In compliance with the ECF manual and the Civil Local

4

Rules, I hereby attest that each of the other signatories concur in the filing of this Joint Stipulation

5

and [Proposed] Order.

6
7

Dated: March 1, 2023

By:

/s/ Marc R. Jacobs
Marc R. Jacobs

.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
JOINT STIPULATION TO EXTEND THE DEADLINE TO FILE A JOINT DISCOVERY LETTER ON THE
____________ ORDER
ISSUE OF POLICYHOLDER DATA AND TO AMEND THE SCHEDULING ORDER; [PROPOSED]

1

[PROPOSED] ORDER

$602',),('

2

THE COURT, HAVING READ THE FOREGOING STIPULATION AND CONSIDERED

3

THE SAME, AND GOOD CAUSE APPEARING THEREFORE, IT IS HEARBY ORDERED AS

4

FOLLOWS:

5
6

The current case deadlines are extended as follows:
Current Date

Proposed Date

3/13/2023

3/17/2023

Close of fact discovery

4/3/2023

5/3/2023

10

File class certification motion

5/8/2023

6/8/2023

11

Opposition to class certification motion

6/29/2023

7/29/2023

12

Reply re class certification

8/14/2023

9/14/2023

13

Plaintiffs’ expert witness disclosure

8/17/2023

9/17/2023

14

Defendants’ expert witness disclosure

9/14/2023

10/14/2023

15

Rebuttal expert disclosures due

10/12/2023

11/12/2023

16

Expert discovery cutíoff

12/14/2023

1/14/2024

17

Last day for hearing dispositive motions

2/8/2024

3/8/2024


7
8
9

Event
Deadline to file joint discovery letter on the
issue of policyholder data

18
19

IT IS SO ORDERED.

20
21
22

DATE: March , 2023

__________________________________________
UNITED STATES DISTRICT COURT
CHIEF MAGISTRATE JUDGE DONNA M. RYU

23
24
25
26
27
28
7
JOINT STIPULATION TO EXTEND THE DEADLINE TO FILE A JOINT DISCOVERY LETTER ON THE
____________
ISSUE OF POLICYHOLDER DATA AND TO AMEND THE SCHEDULING ORDER; [PROPOSED] ORDER