Stein et al v. Farmers Insurance Company of Arizona et al

Filing 96

ORDER Granting 95 Joint Motion Re Discovery Stipulations. Signed by Magistrate Judge Allison H. Goddard on 2/17/2021. (mme)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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BARBARA STEIN and STUART STEIN,

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Plaintiffs,

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ORDER GRANTING JOINT
MOTION RE DISCOVERY
STIPULATIONS

v.

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Case No.: 3:19-cv-00410-DMS-AHG

FARMERS INSURANCE COMPANY
OF ARIZONA, et al.,

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[ECF No. 95]

Defendants.

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3:19-cv-00410-DMS-AHG

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This matter comes before the Court on the parties’ Joint Motion seeking Court

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approval of their discovery stipulations. ECF No. 95. Good cause appearing, and upon

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consultation with the District Judge, the Joint Motion is hereby GRANTED, as follows:

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1.

All documents produced in discovery need no further foundation established

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for their use at trial. The parties reserve objections as to hearsay, cumulative, prejudicial

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and as to exclusion orders resulting from motions in limine. As to all medical records,

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bills and claims files, the business records exception to the hearsay rule applies and

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overcomes any such objections. However, the parties reserve all other objections with

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respect to any of the medical records produced.

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2.

In light of the difficulties imposed by the COVID-19 pandemic, including

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the travel and stay-at-home restrictions recently re-imposed, fact and expert discovery

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may continue until April 26, 2021, the date currently set for the conclusion of expert

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discovery. “Completed” means that all discovery under Rules 30-36 of the Federal Rules

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of Civil Procedure, and discovery subpoenas under Rule 45, must be initiated a sufficient

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period of time in advance of the cut-off date, so that it may be completed by the cut-off

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date, taking into account the times for service, notice and response as set forth in the

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Federal Rules of Civil Procedure. Counsel shall promptly and in good faith meet and

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confer with regard to all discovery disputes in compliance with Local Rule 26.1(a).

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A failure to comply in this regard will result in a waiver of a party’s discovery issue.

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Absent an order of the court, no stipulation continuing or altering this requirement

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will be recognized by the court. The Court expects counsel to make every effort to

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resolve all disputes without court intervention through the meet and confer process. If

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the parties reach an impasse on any discovery issue, the movant must e-mail chambers at

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[e-mail] no later than 45 days after the date of service of the

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written discovery response that is in dispute, seeking a telephonic conference with the

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Court to discuss the discovery dispute. The email must include: (1) at least three proposed

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times mutually agreed upon by the parties for the telephonic conference; (2) a neutral

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statement of the dispute; and (3) one sentence describing (not arguing) each parties’
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3:19-cv-00410-DMS-AHG

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position. The movant must copy opposing counsel on the email. No discovery motion

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may be filed until the Court has conducted its pre-motion telephonic conference, unless

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the movant has obtained leave of Court. All parties are ordered to read and to fully

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comply with the Chambers Rules of Magistrate Judge Allison H. Goddard.

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3.

Notwithstanding the dates set for expert discovery, Defendant will have up to

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and including April 26, 2021, to undertake the neuropsychological medical

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examination/testing of Barbara and Stuart Stein. Plaintiffs and Defendant will produce their

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initial expert reports within 20 days of their examination. Further, expert report exchanges

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for any and all eye-related experts will be exchanged on the same schedule as for the

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neuropsychologists. Plaintiffs and Defendant will then have 20 days in which to depose

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said experts.

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4.

The testimony of any or all trial witnesses may be presented by

contemporaneous transmission per FRCP 43, subject to approval of the District Judge.
5.

Notwithstanding the fact discovery cut-off of February 7, 2021, and as a

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consequence of the parties’ continuing efforts to produce the discoverable portions of the

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claims files not yet produced and to complete the depositions of the FICA claims

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representatives previously noticed, Plaintiffs will have up to and including

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February 28, 2021, to complete the depositions of Steve Wayant, Harold Kammeraad,

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Gary Payne and the FICA PMQ deposition.

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6.

People v. Sanchez (2016) 63 Cal. 4th 665, a state court ruling on a state court

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evidentiary issue interpreting California Evidence Code Section 801, shall not be the basis

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for any objection by any party as to the issues presented in this case.

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IT IS SO ORDERED.

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Dated: February 17, 2021

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