Drexel v. Berkshire Life Insurance Company of America et al

Filing 29

STIPULATION AND ORDER for Amendment to Scheduling Order re Disclosure of Expert re 28 Stipulation. Signed by Judge James Ware on 7/20/2009. (ecg, COURT STAFF) (Filed on 7/20/2009)

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CHARLES B. PERKINS #126942 GARY S. ROSE #83744 SUSAN D. PELMULDER #234731 FLYNN, ROSE & PERKINS 59 North Santa Cruz Avenue, Suite Q Los Gatos, California 95030 [phone] E-Mail: [e-mail], [e-mail] Attorneys for Plaintiff DR. JOEL DREXEL

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DR. JOEL DREXEL, Plaintiff, vs. BERKSHIRE LIFE INSURANCE COMPANY OF AMERICA; THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, DOES I THROUGH V, INCLUSIVE, AND ROE CORPORATIONS I THROUGH V, INCLUSIVE, Defendants.

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Case No. C08 3653 JW STIPULATION OF THE PARTIES RE: PROPOSED AMENDMENT TO SCHEDULING ORDER; PROPOSED ORDER

Plaintiff Joel Drexel, through his counsel of record Gary S. Rose, and Defendants Berkshire Life Insurance Company of America and The Guardian Life Insurance Company of America, through their counsel of record Sean P. Nalty, hereby submit the following stipulation, in which the parties respectfully request that the court modify its scheduling order to extend the deadline for the disclosure and filing of expert witness reports from the current date of August 3, 2009, to August 17, 2009, for the reasons discussed below: 1. Plaintiff's current counsel substituted into this case on April 16, 2009, and have

diligently worked with defense counsel to develop the issues on a fact and document intensive
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case, involving a disputed claim for long-term disability benefits. 2. A number of experts will likely be required in this case, including experts on

insurance claims practices, vocational rehabilitation, physician testimony on issues of injury and disability, and potentially other experts. 3. The parties are currently set for mediation with retired Judge Edward Infante on

July 23, 2009. Given the current expert disclosure date of August 3, 2009, the parties are in the position of being forced to incur significant expert witness preparation fees, given the size of the claim file and the medical issues involved, before the mediation takes place. 4. The parties have conferred, and agreed that it would be preferable to preserve these

resources for settlement, rather than spend them on expert witness preparation. 5. Therefore, in an effort to put the parties in the best posture to settle, they

respectfully request that the court modify its April 28, 2009 scheduling order to permit the disclosure and filing of expert witness reports on August 17, 2009, in lieu of the current date of August 3, 2009. In all other respects, the parties stipulate and agree that the scheduling order shall remain unchanged. DATED: July 14, 2009 By /s/ GARY S. ROSE Attorneys for Plaintiff DR. JOEL DREXEL /s/ SEAN P. NALTY Attorney for Defendants BERSHIRE LIFE INSURANCE COMPANY OF AMERICA and THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA

DATED: July 14, 2009

By

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PROPOSED ORDER Based on the stipulation stated above, and good cause appearing, the court hereby orders that the April 28, 2009 scheduling order shall be modified to permit the disclosure of expert witnesses on August 17, 2009. In all other respects, the scheduling order remains unchanged. DATED:
July 20, 2009

HONORABLE JAMES WARE DISTRICT COURT JUDGE

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